The People, etc., respondent, v. Marco A. Lepe, appellant.

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

The People, etc., respondent, v. Marco A. Lepe, appellant.

2009–01201 (Ind.No. 3293/06)

Decided: November 22, 2011

MARK C. DILLON, J.P. THOMAS A. DICKERSON JOHN M. LEVENTHAL LEONARD B. AUSTIN ROBERT J. MILLER, JJ. Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant, and appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller and Marcia R. Kucera of counsel), for respondent. Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered January 8, 2009, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.   Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738), in which he moves for leave to withdraw as counsel for the appellant. The defendant has not, nor could he have, raised any nonfrivolous issues in his pro se supplemental brief.

Submitted—November 9, 2011

DECISION & ORDER

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).

DILLON, J.P., DICKERSON, LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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