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People v Mooney (Steven)
2013 NY Slip Op 52149(U) [42 Misc 3d 128(A)]
Decided on December 16, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 16, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., IANNACCI and TOLBERT, JJ
.

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

against

Steven Mooney, Appellant.


Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), rendered February 7, 2012, and a judgment and amended judgment of the same court rendered March 6, 2012. The judgment rendered February 7, 2012 convicted defendant, upon his plea of guilty, of harassment in the second degree. The judgment rendered March 6, 2012 convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree. The amended judgment revoked a sentence of probation previously imposed, upon a finding that defendant had violated a condition thereof, upon his admission, and resentenced defendant to five months in jail upon his previous conviction of assault in the third degree.


ORDERED that the judgments of conviction and amended judgment 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., Iannacci and Tolbert, JJ., concur.
Decision Date: December 16, 2013