People v. Smith

• Decision Date: 15 October 1985
• Citation: 114 A.D.2d 427,494 N.Y.S.2d 842
• Parties: The PEOPLE, etc., Respondent, v. Jefferson SMITH, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 842

494 N.Y.S.2d 842

114 A.D.2d 427

The PEOPLE, etc., Respondent, v. Jefferson SMITH, Appellant.

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

October 15, 1985

Howard & Parker, Middletown (Richard L. Parker, of counsel), for appellant. Joseph P. Brown, Dist. Atty., Goshen (Barbara J. Strauss, of counsel), for respondent.

Appeal by defendant from a judgment of the County Court, Orange County (Miller, J.), rendered November 26, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. We have reviewed the record and agree with defendant's assigned counsel that there are no meritorious issues that could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see, Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399; cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987).

GIBBONS, J.P., and THOMPSON, WEINSTEIN and KUNZEMAN, JJ., concur.