The People, etc., respondent, v. Marcello McDonald, appellant. (2010)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Marcello McDonald, appellant.

2008-08004 (Ind.No. 685 /07)

Decided: May 04, 2010

PETER B. SKELOS, J.P. FRED T. SANTUCCI JOHN M. LEVENTHAL L. PRISCILLA HALL, JJ.

Lynn W.L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Aisha A. Khan-Sajjad on the brief), for respondent.

Submitted-April 19, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered May 23, 2008, convicting him of arson in the second degree, burglary in the first degree, burglary in the second degree, criminal mischief in the second degree, assault in the second degree (three counts), and criminal possession of a weapon in the fourth 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 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

SKELOS, J.P., SANTUCCI, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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