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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 7465 (N.Y. App. Div. 2011)

Opinion

2009-11150.

Decided on October 18, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler, J.), rendered October 15, 2009, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California ( 386 US 738), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

Richard L. Herzfeld, New York, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard Longworth Hecht of counsel), for respondent.

MARK C. DILLON, J.P., THOMAS A. DICKERSON, JOHN M. LEVENTHAL, LEONARD B. AUSTIN, ROBERT J. MILLER, JJ.


DECISION ORDER

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).

DILLON, J.P., DICKERSON, LEVENTHAL, AUSTIN and MILLER, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 7465 (N.Y. App. Div. 2011)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, respondent, v. THOMAS SMITH, appellant

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

Date published: Oct 18, 2011

Citations

2011 N.Y. Slip Op. 7465 (N.Y. App. Div. 2011)
931 N.Y.S.2d 511