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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 843 (N.Y. App. Div. 2003)

Opinion

2002-01052

Submitted April 2, 2003.

April 28, 2003.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered December 11, 2001, convicting him of burglary in the second degree (two counts), upon his plea of guilty, and imposing sentence.

George M. Groglio, Port Chester, N.Y., for appellant, and appellant pro se.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Wendy Parra, Richard Longworth Hecht, and Laurie Sapakoff of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, HOWARD MILLER, STEPHEN G. CRANE, 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).

The defendant has not, nor could he have, raised any nonfrivolous issues in his supplemental pro se brief.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, H. MILLER and CRANE, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2003
304 A.D.2d 843 (N.Y. App. Div. 2003)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EUGENE CALVIN SMITH, appellant

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

Date published: Apr 28, 2003

Citations

304 A.D.2d 843 (N.Y. App. Div. 2003)
757 N.Y.S.2d 882