Opinion
1999-03678
Submitted October 22, 2003.
November 17, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 13, 1999, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.
David L. Rich, Hawthorne, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Catherine A. Walsh of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, HOWARD MILLER, STEPHEN G. CRANE, 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).
RITTER, J.P., SMITH, FRIEDMANN, H. MILLER and CRANE, JJ., concur.