Opinion
December 14, 2000.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered October 8, 1999, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.
Bernice R. Dozoretz, Binghamton, for appellant.
Gerald F. Mollen, District Attorney, Binghamton, for respondent.
Before: Crew III, J.P., Peters, Spain, Carpinello and Lahtinen, JJ.
MEMORANDUM AND ORDER
In satisfaction of an eight-count indictment, defendant pleaded guilty to the crime of criminal possession of a controlled substance in the third degree. Defendant was sentenced as a second felony offender to a prison term of 4 1/2 to 9 years. On appeal, defense counsel asserts that no nonfrivolous appealable issues exist and seeks to be relieved of her assignment as counsel for defendant. Upon our review of the record, we agree. The record discloses that defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated plea agreement. In view of the foregoing, we affirm the judgment of conviction and grant defense counsel's application to withdraw (see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.