Opinion
July 12, 1996
Present — Green, J.P., Lawton, Doerr and Davis, JJ.
Appeal from the Supreme Court, Monroe County, Bender, J.
Judgment unanimously affirmed. Counsel's application to withdraw granted ( see, People v. Crawford, 71 A.D.2d 38). Memorandum: Upon our review of the appeal, we agree with assigned counsel that there are no nonfrivolous issues to raise on defendant's behalf and, therefore, we grant counsel's application to withdraw ( see, People v. Crawford, 71 A.D.2d 38, supra). The challenge to the prosecutor's instructions to the Grand Jury, raised in defendant's pro se supplemental brief, does not survive the guilty plea ( see, People v. Garcia, 216 A.D.2d 36, 36-37; People v. Butler, 198 A.D.2d 427; People v. Gerber, 182 A.D.2d 252, 260-261, lv denied 80 N.Y.2d 1026) or the waiver of the right to appeal ( see, People v. Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1).