Opinion
12961
March 7, 2002.
Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered March 23, 2001, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Martin J. Kehoe III, Albany, for appellant.
Robert M. Winn, District Attorney, Fort Edward (Bertlen F. Turner of counsel), for respondent.
Before: Cardona, P.J., Crew III, Spain, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender in accordance with the plea agreement to an indeterminate prison term of 1½ to 3 years to run consecutively to the sentence he was serving at the time of this judgment of conviction. 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 and defense counsel's brief, we agree. The judgment is therefore affirmed and defense counsel's application for leave to withdraw is granted (see, People v. Stokes, 95 N.Y.2d 633; People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650).
Cardona, P.J., Crew III, Spain, Mugglin and Rose, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.