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People v Pemberton (Thomas)
2011 NY Slip Op 52058(U) [33 Misc 3d 137(A)]
Decided on November 1, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 1, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2010-1175 W CR.

The People of the State of New York, Respondent,

against

Thomas Pemberton, Appellant.


Appeal from judgments of the City Court of Mount Vernon, Westchester County (Helen M. Blackwood, J.), rendered April 30, 2010. The judgments convicted defendant, upon his pleas of guilty, of assault in the third degree and criminal possession of a controlled substance in the seventh degree, respectively.


ORDERED that the judgments of conviction are affirmed.

We have reviewed the record and agree with 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 Blasi, 76 AD3d 550 [2010]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: November 01, 2011