Opinion
2002-02980.
December 22, 2003.
Appeal by the defendant from an amended judgment of the County Court, Orange County (DeRosa, J.), rendered February 5, 2002, revoking a sentence of probation previously imposed by the same court (Byrne, J.), upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a controlled substance in the fifth degree.
Richard L. Herzfeld, New York, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Catherine A. Walsh of counsel), for respondent.
Before: ROBERT W. SCHMIDT and BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the amended 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).
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.