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People v. Swain

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 514 (N.Y. App. Div. 2001)

Opinion

(IND. NO. 98-01337)

Submitted June 27, 2001

August 27, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Rosato, J.), rendered May 20, 1999, convicting him of attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Gary E. Eisenberg, Monroe, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Dean B. Cameron and Valerie A. Livingston of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


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).

O'BRIEN, J.P., KRAUSMAN, GOLDSTEIN, SCHMIDT and CRANE, JJ., concur.


Summaries of

People v. Swain

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 514 (N.Y. App. Div. 2001)
Case details for

People v. Swain

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. STANLEY SWAIN, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 27, 2001

Citations

286 A.D.2d 514 (N.Y. App. Div. 2001)
729 N.Y.S.2d 643

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