The People, etc., respondent, v. Saul Peralta, appellant.

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

The People, etc., respondent, v. Saul Peralta, appellant.

2009-11293 (Ind.No. 08-00887)

Decided: February 22, 2011

WILLIAM F. MASTRO, J.P. DANIEL D. ANGIOLILLO RUTH C. BALKIN PLUMMER E. LOTT ROBERT J. MILLER, JJ. Randall Richards, Bronxville, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Lois Cullen Valerio, and Richard Longworth Hecht of counsel), for respondent.

Submitted-February 9, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace, J.), rendered October 28, 2009, convicting him of criminal sexual act in the first 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).

MASTRO, J.P., ANGIOLILLO, BALKIN, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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