Opinion
14480.
Decided and Entered: May 6, 2004.
Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered October 23, 2002, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.
Ralph Cherchian, Albany, for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Robin S. Engler of counsel), for respondent.
Before: Cardona, P.J., Crew III, Peters, Carpinello and Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of sexual abuse in the first degree and was sentenced as a second felony offender to a prison term of five years, followed by five years of postrelease supervision. Defense counsel seeks to be relieved of his assignment as counsel on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record, defense counsel's brief and defendant's pro se submission, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated plea agreement. 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).
Cardona, P.J., Crew III, Peters, Carpinello and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.