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People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2003
309 A.D.2d 814 (N.Y. App. Div. 2003)

Opinion

2000-05424

Submitted September 10, 2003.

October 14, 2003.

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered May 5, 2000, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

John De Chiaro, Larchmont, N.Y., for appellant, and appellant pro se.

Jeanine Pirro, District Attorney, White Plains, N.Y. (John C. Thomas and Valerie A. Livingston of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

The defendant has not, nor could he have, raised any nonfrivolous issues in his supplemental pro se brief.

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 2003
309 A.D.2d 814 (N.Y. App. Div. 2003)
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE, ETC., respondent, v. DONALD BENNETT, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 2003

Citations

309 A.D.2d 814 (N.Y. App. Div. 2003)
765 N.Y.S.2d 529