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People v. McEnery

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 552 (N.Y. App. Div. 2004)

Opinion

2003-03219.

Decided April 12, 2004.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kerins, J.), rendered May 15, 2003, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE, REINALDO E. RIVERA, 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., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.


Summaries of

People v. McEnery

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 552 (N.Y. App. Div. 2004)
Case details for

People v. McEnery

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MICHAEL McENERY, appellant

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

Date published: Apr 12, 2004

Citations

6 A.D.3d 552 (N.Y. App. Div. 2004)
774 N.Y.S.2d 403