Opinion
14506.
Decided and Entered: May 6, 2004.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered April 19, 2002 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.
Alice K. Berke, Albany, for appellant.
Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Mercure, J.P., Peters, Spain, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
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, defense counsel's brief and defendant's pro se submission, we agree. Defendant pleaded guilty to the crime of attempted burglary in the second degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of six years, followed by five years of postrelease supervision. 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).
Mercure, J.P., Peters, Spain, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application for leave to withdraw granted.