Opinion
14274.
Decided and Entered: December 4, 2003.
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered August 19, 2002, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.
Justin D. Herzog, Rouses Point, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Mercure, J.P., Peters, Mugglin, Rose and Kane, 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, defense counsel's brief and defendant's pro se submissions, we agree. In satisfaction of an 11-count indictment, defendant pleaded guilty to the crime of robbery in the second degree and was sentenced as a second felony offender in accordance with the plea agreement to the minimum prison term of seven years and five years of postrelease supervision. The judgment is, accordingly, affirmed and 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, Mugglin, Rose and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.