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People v. Cherry

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 2010
71 A.D.3d 909 (N.Y. App. Div. 2010)

Opinion

No. 2009-00335.

March 16, 2010.

Appeal by the defendant from a judgment of the County Court, Westchester County (DiBella, J.), rendered November 14, 2008, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California ( 386 US 738) in which he moves to be relieved of the assignment to prosecute this appeal.

Andrew W. Sayegh, Yonkers, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Richard Longworth Hecht and Anthony J. Servino of counsel; Justin L. Tolbert on the brief), for respondent.

Before: Mastro, J.P., Fisher, Santucci, Angiolillo and Lott, JJ., concur.


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 US 738; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).


Summaries of

People v. Cherry

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 2010
71 A.D.3d 909 (N.Y. App. Div. 2010)
Case details for

People v. Cherry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMALL CHERRY…

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

Date published: Mar 16, 2010

Citations

71 A.D.3d 909 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 2165
895 N.Y.S.2d 850