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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 2008
50 A.D.3d 705 (N.Y. App. Div. 2008)

Opinion

Nos. 2007-02839, 2007-04420.

April 1, 2008.

Appeals by the defendant from (1) a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 13, 2007, convicting him of burglary in the second degree under indictment No. 545/06, upon his plea of guilty, and imposing sentence, and (2) a purported judgment of the same court rendered under indictment No. 822/06.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Lorrie A. Zinno on the brief), for respondent.

Before: Rivera, J.P., Lifson, Miller, Carni and Eng, JJ., concur.


Ordered that the appeal from the purported judgment rendered under indictment No. 822/06 is dismissed, as that indictment was consolidated with indictment No. 545/06 and no judgment was rendered separately under Indictment No. 822/06; and it is further,

Ordered that the judgment rendered under indictment No. 545/06 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 US 738; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 2008
50 A.D.3d 705 (N.Y. App. Div. 2008)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SMITH, Appellant

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

Date published: Apr 1, 2008

Citations

50 A.D.3d 705 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3032
853 N.Y.S.2d 923