Opinion
January 6, 2000
Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered February 6, 1998, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.
James Rothe, Binghamton, for appellant.
Gerald F. Mollen, District Attorney (Michael A. Korchak of counsel), Binghamton, for respondent.
Before: CARDONA, P.J., PETERS, SPAIN, CARPINELLO and MUGGLIN, JJ.
MEMORANDUM AND ORDER
Defense counsel seeks to be relieved from his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon review of the record and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty to criminal possession of a controlled substance in the second degree and was sentenced as a second felony offender to an indeterminate prison term of six years to life. His sentence is in accordance with the relevant statutory requirements. The judgment is, accordingly, 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).
Cardona, P.J., Peters, Spain, Carpinello and Mugglin, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.