—[*1] Tracy A. Donovan Laughlin, Cherry Valley, for appellant.

John M. Muehl, District Attorney, Cooperstown (Michael F. Getman of counsel), for respondent.

Appeal from a judgment of the Supreme Court (Burns, J.), rendered October 9, 2009 in Otsego County, convicting defendant upon his plea of guilty of the crimes of criminal sale of a controlled substance in the third degree and attempted criminal sale of a controlled substance in the third degree.

In satisfaction of a pending indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. He was sentenced, in accordance with the plea agreement, to an aggregate prison term of 11½ years to be followed by two years of postrelease supervision. Defendant now appeals.

Appellate counsel for defendant seeks to be relieved of her assignment, arguing that no nonfrivolous issues exist to be raised upon appeal. Based upon our review of the record and counsel's brief, we agree. The judgment is therefore affirmed and counsel's application for leave to withdraw granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Peters, J.P., Spain, Kavanagh, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.