Opinion
Decided and Entered: June 15, 2000
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered February 1, 1999, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Robert Marinelli, New York City, for appellant.
Andrew G. Schrader, District Attorney, Malone, for respondent.
Before: Spain, J.P., Carpinello, Graffeo, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
Defendant, a prison inmate, pleaded guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1 1/2 to 3 years, to run consecutive with a sentence he was currently serving. 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. Based upon our review of the record and the briefs submitted by defense counsel and defendant, pro se, we agree. 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.