Opinion
14735.
Decided and Entered: May 13, 2004.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered March 17, 2003, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Justin Brusgul, Voorheesville, for appellant.
Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Before: Crew III, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the reduced crime of attempted promoting prison contraband in the first degree. He was sentenced as a second felony offender to the agreed-upon sentence of 1½ to 3 years to be served consecutive to the sentence that he is currently serving. Defense counsel seeks to be relieved of his assignment 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., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.