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People v. Foster

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 2004
5 A.D.3d 397 (N.Y. App. Div. 2004)

Opinion

2002-07008.

Decided March 1, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Rosato, J.), rendered July 11, 2002, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Matthew S. Spencer, Hawthorne, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Kieran T. Byrne and Richard Longworth Hecht of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT and BARRY A. COZIER, 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).

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 2004
5 A.D.3d 397 (N.Y. App. Div. 2004)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE, ETC., respondent, v. KEITH FOSTER, appellant

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

Date published: Mar 1, 2004

Citations

5 A.D.3d 397 (N.Y. App. Div. 2004)
771 N.Y.S.2d 902