Opinion
December 8, 1997
Appeal from the County Court, Dutchess County (Marlow, J.).
Ordered that the judgments are affirmed.
With respect to the defendant's appeal of the judgment convicting him of criminal possession of a controlled substance in the fifth degree, we have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel with respect to this conviction is granted (see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf., People v. Gonzalez, 47 N.Y.2d 606).
The defendant's contention that the sentence of 5 to 15 years imprisonment for the conviction of assault in the first degree was excessive is without merit (see, People v. Suitte, 90 A.D.2d 80). The defendant was sentenced consistent with the plea agreement (see, People v. Fornal, 221 A.D.2d 361, 362; People v. Kazepis, 101 A.D.2d 816). Although the sentence imposed was the maximum, the plea was in satisfaction of a four-count indictment which included a charge of attempted murder in the second degree (see, People v. Blakeslee, 193 A.D.2d 958; People v. Harvey, 192 A.D.2d 956, 957).
Rosenblatt, J. P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.