Opinion
78646
Decided and Entered: November 6, 2003.
Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered November 27, 1996, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.
Kathryn M. Barber, Albany, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Crew III, J.P., Carpinello, Mugglin, Lahtinen and, Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of robbery in the second degree and was sentenced as a second violent felony offender in accordance with the plea agreement to a prison term of seven years. Defense counsel seeks to be relieved of her 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. 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, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.