The People, etc., respondent, v. Shawn Fountain, appellant.

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

The People, etc., respondent, v. Shawn Fountain, appellant.

2009-09741 (Ind.No. 08-01726)

Decided: October 26, 2010

PETER B. SKELOS, J.P. FRED T. SANTUCCI DANIEL D. ANGIOLILLO L. PRISCILLA HALL SHERI S. ROMAN, JJ. Gerald Zuckerman, Ossining, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Richard Longworth Hecht and Anthony J. Servino of counsel;  Justin L. Tolbert on the brief), for respondent.

Submitted-October 6, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Neary, J.), rendered August 12, 2009, convicting him of criminal possession of a weapon 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 U.S. 738;  People v. Paige, 54 A.D.2d 63l;  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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