Opinion
13399.
Decided and Entered: May 13, 2004.
Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered December 11, 2000, convicting defendant upon her plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Michael P. Graven, Owego, for appellant.
John R. Trice, District Attorney, Elmira, for respondent.
Before: Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded 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 plea agreement to a prison term of 3 to 6 years. Defense counsel now 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. Our review of the record and defense counsel's brief leads to the same conclusion. 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, Mugglin, Rose and Kane, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.