Opinion
12375
Decided and Entered: February 20, 2003.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered July 14, 2000, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
Paul R. Corradini, Public Defender, Elmira, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Crew III, J.P., Peters, Spain, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 4½ to 9 years. 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).
Crew III, J.P., Peters, Spain, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.