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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH M. PHILLIPS, Appellant.

MEMORANDUM AND ORDER

Defense counsel seeks to be relieved from his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Defendant entered a knowing, voluntary and intelligent plea of guilty to criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree and was sentenced to a prison term of 2 1/2 to 7 1/2 years. His sentence is in accordance with the relevant statutory requirements and is not harsh and excessive. Accordingly, the judgment is 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).

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.

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PEOPLE v. PHILLIPS
(Apr 13, 2000)