Opinion
December 7, 2000.
Appeal from a judgment of the County Court of Sullivan County (La Buda, J.), rendered January 28, 1999, convicting defendant upon his plea of guilty of two counts of the crime of criminal sale of a controlled substance in the third degree.
Peter D. Gormanly, New York City, for appellant.
Stephen F. Lungen, District Attorney (Bonnie M. Mitzner of counsel), Monticello, for respondent.
Before: Crew III, J.P., Peters, Carpinello and Mugglin, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to two counts of the crime of criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to concurrent prison terms of 4 1/2 to 9 years. 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, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty and was sentenced in accordance with the negotiated plea agreement to the statutory minimum sentence. 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.