Opinion
December 10, 1998
Appeal from the judgment of the County Court of Sullivan County (La Buda, J.).
Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree in satisfaction of a four-count indictment and was sentenced as a second felony offender to a term of 5 to 10 years in prison. Defense counsel has asserted that no nonfrivolous appealable issues exist and seeks to be relieved of his assignment as counsel for defendant. Upon our review of the record, defense counsel's brief and defendant's pro se submissions, we agree. Accordingly, the judgment should be affirmed and defense counsel's application for leave to withdraw granted ( see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
MERCURE, J. P., PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ., concur.
Ordered that the judgment is affirmed, and application to be relieved of assignment granted.