Opinion
13491
Decided and Entered: December 5, 2002.
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered September 5, 2001, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
David Levy, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Aldred D. Chapleau of counsel), for respondent.
Before: Cardona, P.J., Crew III, Peters, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of attempted criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 3 to 6 years. 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. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650; see generally People v. Stokes, 95 N.Y.2d 633).
CARDONA, P.J., CREW III, PETERS, ROSE and LAHTINEN, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.