Opinion
No. 103480.
September 22, 2011.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 20, 2010, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the second degree.
Cindy R. Lunsford, Saratoga Springs, for appellant, and appellant pro se.
P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.
Before: Peters, J.P., Spain, Malone Jr., Kavanagh and Garry, JJ.
In satisfaction of an indictment charging him with criminal possession of a weapon in the second degree, defendant pleaded guilty to attempted criminal possession of a weapon in the second degree and waived his right to appeal. He was thereafter sentenced, in accordance with the terms of the plea agreement, to six years in prison to be followed by three years of post-release supervision. Defendant appeals.
Appellate counsel seeks to be relieved of her assignment of representin g defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, counsel's brief and defendant's pro se submission, we agree. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted ( see People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650; see generally People v Stokes, 95 NY2d 633).
Ordered that the judgment is affirmed, and application to be relieved of assignment granted.