Opinion
13012
April 3, 2003.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered March 23, 2001, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
Michael P. Graven, Owego, for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Michael A. Korchak of counsel), for respondent.
Before: Mercure, J.P., Crew III, Peters, Rose and, Lahtinen, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to the crime of attempted criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender in accordance with the plea agreement to a prison term of 3 to 6 years. 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. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650; see generally People v. Stokes, 95 N.Y.2d 633).
Mercure, J.P., Crew III, Peters, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.