Supreme Court, Appellate Division, Second Department, New York.
The People, etc., respondent, v. Jose L. Morales, appellant.
2010–07374 (Ind.No. 10–00069)
Decided: November 29, 2011
WILLIAM F. MASTRO, J.P. RUTH C. BALKIN CHERYL E. CHAMBERS SANDRA L. SGROI, JJ.
Anthony M. Giordano, Ossining, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel; Andrew W. Buder on the brief), for respondent. Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace, J.), rendered May 4, 2010, convicting him of attempted rape in the first 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.
Submitted—November 16, 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).
MASTRO, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.
Matthew G. Kiernan
Clerk of the Court