Opinion
11956
Decided and Entered: December 12, 2002.
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered April 12, 1999, convicting defendant upon his plea of guilty of two counts of the crime of attempted criminal sale of a controlled substance in the third degree.
Martin J. Kehoe III, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.
Before: CARDONA, P.J., CREW III, PETERS, MUGGLIN and, LAHTINEN, JJ.
MEMORANDUM AND ORDER
Defendant was charged in two separate indictments with various drug-related crimes. He pleaded guilty to two counts of attempted criminal sale of a controlled substance in the third degree in full satisfaction of both indictments and waived his right to appeal. He was sentenced as a second felony offender in accordance with the plea agreement to two concurrent terms of imprisonment of 4 to 8 years. Defendant now appeals.
Defense counsel seeks to be relieved of his assignment of representing defendant on the basis that there are no nonfrivolous issues that may be raised on appeal. Upon reviewing the record, the parties' briefs and defendant's pro se submission, we agree. The record discloses that defendant entered a knowing, voluntary and intelligent plea and waived all appeal rights, including any challenge to the severity of the sentence (see People v. Riddick, 298 A.D.2d 710, 748 N.Y.S.2d 534). Defendant's assertions regarding a potential alibi and police corruption concern matters outside the record (see People v. Kwiatkowski, 268 A.D.2d 681, 682, lv denied 94 N.Y.2d 949). Therefore, the judgment is affirmed and defense counsel's application 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, PETERS, MUGGLIN and LAHTINEN, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.