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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 2005
19 A.D.3d 709 (N.Y. App. Div. 2005)

Opinion

2004-09070.

June 27, 2005.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered October 4, 2004, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

John P. Savoca, White Plains, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Before: Florio, J.P., Krausman, Crane, Rivera and Fisher, JJ., concur.


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 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
Jun 27, 2005
19 A.D.3d 709 (N.Y. App. Div. 2005)
Case details for

People v. Smith

Case Details

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

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

Date published: Jun 27, 2005

Citations

19 A.D.3d 709 (N.Y. App. Div. 2005)
797 N.Y.S.2d 301