People v Rodriguez (Joseph)

[*1] People v Rodriguez (Joseph) 2014 NY Slip Op 51581(U) Decided on October 29, 2014 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 29, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P. MARANO and TOLBERT, JJ.
2012-2566 W CR

The People of the State of New York, Respondent,

against

Joseph Rodriguez, Appellant.

Appeal from a judgment of the City Court of Yonkers, Westchester County (Robert C. Cerrato, J.), rendered August 16, 2012. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he seeks leave to withdraw as counsel.

ORDERED that the judgment of conviction is affirmed.

We have reviewed the record and agree with 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 Blasi, 76 AD3d 550 [2010]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Iannacci, J.P., Marano and Tolbert, JJ., concur.

Decision Date: October 29, 2014