Opinion
July 22, 1999
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered March 24, 1997, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree.
Eliza S. Mulhern, Cortland, for appellant.
Thomas F. O'Mara, District Attorney, Elmira, for respondent.
Before: CARDONA, P.J., MERCURE, YESAWICH JR., SPAIN and GRAFFEO, JJ.
MEMORANDUM AND ORDER
Defendant, having waived his right to a jury trial, was found guilty of the crime of criminal sale of a controlled substance in the third degree based upon a stipulated set of facts. Defendant was thereafter sentenced as a second felony offender to an agreed-upon prison term of 4 1/2 to 9 years. Defense counsel seeks to be relieved of her assignment as counsel for defendant on the ground that no nonfrivolous appealable issues exist. Based upon our review of the record and defense counsel's brief, we agree. 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).
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.