The People, etc., respondent, v. Russell Daniels, appellant.

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

The People, etc., respondent, v. Russell Daniels, appellant.

2009-10331 (Ind.No. 2393/08)

Decided: October 26, 2010

WILLIAM F. MASTRO, J.P. ANITA R. FLORIO THOMAS A. DICKERSON ARIEL E. BELEN PLUMMER E. LOTT, JJ. Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.

Submitted-October 6, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered October 27, 2009, convicting him of attempted robbery in the second degree (two counts), 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).

MASTRO, J.P., FLORIO, DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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