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People v. Elbert

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 763 (N.Y. App. Div. 2003)

Opinion

2002-02871

Submitted September 10, 2003.

October 6, 2003.

Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered February 28, 2002, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Gary E. Eisenberg, Monroe, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Thomas K. Chong and Lois C. Valerio of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, 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).

ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.


Summaries of

People v. Elbert

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 763 (N.Y. App. Div. 2003)
Case details for

People v. Elbert

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ANTHONY ELBERT, appellant

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

Date published: Oct 6, 2003

Citations

309 A.D.2d 763 (N.Y. App. Div. 2003)
765 N.Y.S.2d 276