[Vacated, see 2021 NY Slip Op 04511.]

Justin C. Brusgul, Voorheesville, for appellant.

David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered December 6, 2017, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

While incarcerated, defendant was found to be in possession of a controlled substance. As a result, he waived indictment and was charged in a superior court information with attempted promoting prison contraband in the first degree. He pleaded guilty to this charge and waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 11/2 to 3 years in prison, to run consecutively to the sentence that he was then serving. Defendant appeals.

Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues that may be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Beaty, 22 NY3d 490 [2014]; People v Stokes, 95 NY2d 633 [2001]).

Egan Jr., J.P., Mulvey, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.