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Decided and Entered: February 20, 2003 12329 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v KENTELE WILSON, Appellant. ________________________________ Calendar Date: January 29, 2003 Before: Mercure, J.P., Crew III, Peters, Rose and Lahtinen, JJ. __________ Paul R. Corradini, Public Defender, Elmira, for appellant. John R. Trice, District Attorney, Elmira, for respondent. __________ Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered June 9, 2000, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree. Defendant pleaded guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender in accordance with the negotiated plea agreement to a prison term of 12 to 3 years to be served consecutive to a sentence he was currently serving. 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, accordingly, affirmed and defense 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). 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. ENTER: Michael J. Novack Clerk of the Court

 
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