People v Gonzalez
2004 NY Slip Op 01405 [5 AD3d 397]
March 1, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


The People of the State of New York, Respondent,
v
Jerry Gonzalez, Appellant.

—Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered May 5, 1998, convicting him of criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

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 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Smith, J.P., Goldstein, Luciano and Adams, JJ., concur.