Opinion
April 2, 1998
Appeal from the County Court of Franklin County (Main, Jr., J.).
Defense counsel has asked to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues which would merit an appeal. Upon our review of the record and defense counsel's brief, we agree with his assessment. The record reveals that defendant entered a knowing, voluntary and intelligent plea of guilty to the crime of attempted promoting prison contraband in the first degree and that he was sentenced as a second felony offender in accordance with the relevant statutory requirements and the negotiated plea agreement. In view of the foregoing, the judgment of conviction is affirmed and defense counsel's application to withdraw is granted (see, People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
Cardona, P.J., Mercure, White, Peters and Carpinello, JJ., concur.
Ordered that the judgment is affirmed, and application to be relieved of assignment granted.