People v Annunziato

People v Annunziato 2006 NY Slip Op 09637 [35 AD3d 753] December 19, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

The People of the State of New York, Respondent,
v
Jason L. Annunziato, Appellant.

—[*1]Appeals by the defendant from (1) a judgment of the Supreme Court, Suffolk County (Doyle, J.), rendered August 31, 2005, convicting him of rape in the third degree, upon his plea of guilty, and imposing sentence, and (2) an order of the same court dated November 23, 2005, which, without contest, designated him a level three predicate sex offender pursuant to Correction Law article 6-C.

Ordered that the judgment and the order are 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 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Florio, J.P., Ritter, Goldstein and Covello, JJ., concur.