People v Rodriguez

People v Rodriguez 2010 NY Slip Op 04223 [73 AD3d 953] May 11, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

The People of the State of New York, Respondent,
v
Evaristo Rodriguez, Appellant.

—[*1] Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Diane R. Eisner of counsel; Steven Mizrahi and Stefanie Lampf on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Murphy, J.), rendered July 3, 2008, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

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 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

The defendant has not, nor could he have, raised any nonfrivolous issues in his supplemental pro se brief. Mastro, J.P., Miller, Leventhal and Belen, JJ., concur.