Calendar Date: November 25, 2013
Joseph Nalli, Fort Plain, for appellant.
James E. Conboy, District Attorney, Fonda, for respondent.
Before: Rose, J.P., Lahtinen, McCarthy and Garry, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered July 28, 2010, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.
Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree, waived his right to appeal and was sentenced as a second drug/violent felony offender to an agreed-upon prison term of 4½ years, followed by two years of postrelease supervision. Defendant appeals.
Based upon our review of the record and counsel's brief, we agree with appellate counsel that there are no nonfrivolous issues to be raised on appeal. Therefore, the judgment is affirmed and counsel's request 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 ).
Rose, J.P., Lahtinen, McCarthy and Garry, JJ., concur.
ORDERED that the judgment is affirmed, and application to be relieved ...