Opinion
January 13, 2000
Appeal from a judgment of the County Court of Fulton County (Giardino, J.), rendered August 12, 1998, convicting defendant upon his plea of guilty of two counts of the crime of possessing a sexual performance by a child.
Carl J. Silverstein, Monticello, for appellant.
Polly A. Hoye, District Attorney (Daniel J. Kopach of counsel), Johnstown, for respondent.
Before: CARDONA, P.J., CREW III, PETERS, SPAIN AND GRAFFEO, JJ.
MEMORANDUM AND ORDER
In satisfaction of a 16-count indictment, defendant entered a plea of guilty to two counts of the crime of possessing a sexual performance by a child and waived his right to appeal. He was sentenced to the agreed-upon concurrent prison terms of 1+ to 4 years, to run concurrently with sentences imposed as the result of charges pending in two other counties. On this appeal by defendant, assigned counsel moves to be relieved of his assignment on the ground that there are no nonfrivolous issues to be raised on appeal.
Based upon our independent review of the record, we agree with defense counsel that there are no nonfrivolous issues. The record discloses that defendant entered a knowing, voluntary and intelligent plea of guilty, which he never sought to withdraw or vacate, waived the right to appeal and was sentenced in accordance with the plea bargain and relevant statutory requirements. The arguments raised in defendant's pro se submission are unpreserved and/or based upon alleged facts outside the record. The judgment is 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., Crew III, Spain and Graffeo, JJ., concur.
ORDERED that the judgment is affirmed, and application for leave to be relieved of assignment granted.