The People, etc., respondent, v. Domingo Mendoza, appellant. (2010)

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

The People, etc., respondent, v. Domingo Mendoza, appellant.

2008-10683 (Ind.No. 03 /00684)

Decided: November 09, 2010

PETER B. SKELOS, J.P. FRED T. SANTUCCI DANIEL D. ANGIOLILLO L. PRISCILLA HALL SHERI S. ROMAN, JJ.

David Gandin, Walden, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Grasso and Andrew R. Kass of counsel), for respondent.

Submitted-October 6, 2010

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Orange County (De Rosa, J.), rendered October 21, 2008, revoking a sentence of probation previously imposed by the same court, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal sale of a controlled substance in the third degree.

ORDERED that the amended 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, ANGIOLILLO, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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