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People v. Smith [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
696 N.Y.S.2d 689 (N.Y. App. Div. 1999)

Opinion

Submitted June 2, 1999

October 4, 1999

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered January 8, 1998, convicting him of assault in the first degree. upon his plea of guilty, and imposing sentence.

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

William V. Grady, District Attorney, Poughkeepsie, N Y (Bridget Rahilly Steller of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, 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).

O'BRIEN, J.P., RITTER, JOY, ALTMAN, and SMITH, JJ., concur.


Summaries of

People v. Smith [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
696 N.Y.S.2d 689 (N.Y. App. Div. 1999)
Case details for

People v. Smith [2d Dept 1999

Case Details

Full title:THE PEOPLE, etc., respondent, v. MARCUS SMITH, appellant. (Ind. No. 123/97)

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

Date published: Oct 4, 1999

Citations

696 N.Y.S.2d 689 (N.Y. App. Div. 1999)