Opinion
12329
Decided and Entered: February 20, 2003.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered June 9, 2000, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Paul R. Corradini, Public Defender, Elmira, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Mercure, J.P., Crew III, Peters, Rose and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 1½ to 3 years to be served consecutive to a sentence he was currently serving. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and defense counsel's brief, we agree. The judgment is, accordingly, affirmed and defense counsel's application for leave to withdraw is granted (see People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650; see generally People v. Stokes, 95 N.Y.2d 633).
Mercure, J.P., Crew III, Peters, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.