Opinion
12380
September 19, 2002.
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered July 14, 2000, convicting defendant upon his plea of guilty of the crimes of driving while ability impaired by drugs and aggravated unlicensed operation of a motor vehicle in the first degree and the violations of failure to obey a traffic control device, failure to signal a right turn and unlawful possession of marijuana.
Charles J. Keegan, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent.
Before: Cardona, P.J., Mercure, Crew III, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to operating a motor vehicle while ability impaired by drugs, aggravated unlicensed operation of a motor vehicle in the first degree, failure to obey a traffic control device, failure to signal a right turn, and unlawful possession of marijuana. Defendant also waived his right to appeal. He was sentenced to concurrent terms of six months of incarceration for the two felony convictions, followed by five years of probation. 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., Mercure, Crew III, Spain and Carpinello, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.