Opinion
13668
Decided and Entered: May 15, 2003.
Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered November 21, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
D. Jeremy Rase, Fonda, for appellant.
Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.
Before: Spain, J.P., Carpinello, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
In satisfaction of a 10-count indictment, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and waived his right to appeal. He was sentenced as a second felony offender in accordance with the 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 thorough 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 650, lv denied 67 N.Y.2d 650; see generally People v. Stokes, 95 N.Y.2d 633).
Spain, J.P., Carpinello, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.