Opinion
12833
Decided and Entered: June 27, 2002.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 22, 2000, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Michael C. Ross, Bloomingburg, for appellant.
John R. Trice, District Attorney, Elmira (Anna Guardino of counsel), for respondent.
Before: Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to an indeterminate prison term of 1½ to 3 years to run consecutively to the term of imprisonment that he was then serving. 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 brief, we agree. The judgment is therefore affirmed and defense counsel's application for leave to withdraw is granted (see,People v. Stokes, 95 N.Y.2d 633; People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.