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People v Montague (Thomas)
2013 NY Slip Op 51140(U) [40 Misc 3d 132(A)]
Decided on July 8, 2013
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through July 16, 2013; it will not be published in the printed Official Reports.


Decided on July 8, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT:: NICOLAI, P.J., IANNACCI and TOLBERT, JJ
2011-3120 D CR.

The People of the State of New York, Respondent, —

against

Thomas M. Montague, Appellant.


Appeal from a judgment of the City Court of Beacon, Dutchess County (Timothy G. Pagones, J.), rendered November 9, 2011. The judgment convicted defendant, upon his guilty plea, of petit larceny. Assigned counsel has submitted an Anders brief (386 US 738 [1967]), seeking leave to withdraw as counsel.


ORDERED that the judgment of conviction is affirmed.

We have reviewed the record and agree 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., Iannacci and Tolbert, JJ., concur.
Decision Date: July 08, 2013