Opinion
2001-00692
Submitted March 19, 2003.
April 7, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered November 30, 2000, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant, and appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani and Anne E. Oh of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, SANDRA L. TOWNES, WILLIAM F. MASTRO, 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., S. MILLER, TOWNES and MASTRO, JJ., concur.