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32 A.D.3d 968

People v. Hernandez

Appellate Division of the Supreme Court of the State of New York · decided 2006-09-19

Decided 2006-09-19

¶1Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered May 13, 2004, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3We 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 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Miller, J.P., Ritter, Luciano, Spolzino and Dillon, JJ, concur.

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