Opinion
April 13, 2000.
Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered January 5, 1999, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.
Elbert H. Watrous, Public Defender, Schenectady, for appellant.
Before: MERCURE, J.P., CREW III, PETERS, CARPINELLO and MUGGLIN, JJ.
MEMORANDUM AND ORDER
Defense counsel seeks to be relieved from his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Defendant entered a knowing, voluntary and intelligent plea of guilty to criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree and was sentenced to a prison term of 2 1/2 to 7 1/2 years. His sentence is in accordance with the relevant statutory requirements and is not harsh and excessive. Accordingly, the judgment is 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.