PEOPLE v. BEN-LEVI

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 review of the record and defense counsel's brief, we agree. Defendant entered a knowing, voluntary and intelligent plea of guilty to criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to an indeterminate prison term of 3 to 6 years. His sentence is in accordance with the relevant statutory requirements and not found to be harsh and excessive. The judgment is, accordingly, 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.