Opinion
January 6, 2000
Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered March 16, 1998, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.
Christian J. Root, Binghamton, for appellant.
Gerald F. Mollen, District Attorney (Joseph F. Romani of counsel), Binghamton, for respondent.
Before: MERCURE, J.P., CREW III, PETERS, CARPINELLO and GRAFFEO, JJ.
MEMORANDUM AND ORDER
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 review of the record and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty to attempted robbery in the second degree and was sentenced, as a second violent felony offender, to a determinate prison term of five years. His sentence was in accordance with the negotiated plea agreement and the relevant statutory requirements. 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).
Mercure, J.P., Crew III, Peters, Carpinello and Graffeo, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.