Appeal from a judgment of the County Court of Broome County (Pelella, J.), rendered April 20, 2010, convicting defendant upon her plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Calendar Date: November 2, 2011
Before: Peters, J.P., Kavanagh, Stein, Garry and Egan Jr., JJ.
Defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree based upon her sale of cocaine to an undercover police officer. In the context of her plea agreement, defendant entered into a contract in connection with Broome County's "Road to Recovery" program, which provided that, upon her successful completion of a detailed drug addiction recovery program, the plea would be vacated and the charge dismissed. However, if defendant failed to complete the program, she would be brought before County Court for the imposition of appropriate sanctions including, among other things, being sentenced to a term of imprisonment. Defendant was thereafter discharged from the program for failure to comply and County Court sentenced her, as a second felony offender, to two years in prison followed by two years of postrelease supervision. Defendant now appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no non-frivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Accordingly, the judgment is affirmed and counsel's application 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 ).
Peters, J.P., Kavanagh, Stein, Garry and Egan Jr., JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.
Robert D. Mayberger Clerk of the Court
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