Opinion
14507
Decided and Entered: November 6, 2003.
Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered November 22, 2002, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Mitch Kessler, Cohoes, for appellant.
Robert M. Carney, District Attorney, Schenectady, for respondent.
Before: Cardona, P.J., Crew III, Peters, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
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, defendant's pro se submission and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty to the crime of attempted criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 4 to 8 years. 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; 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.