SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 2, 2008
THE PEOPLE, ETC., RESPONDENT,
ROGER JOHNSON, APPELLANT.
Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Brennan, J.), rendered June 21, 2006, revoking a sentence of probation previously imposed by the same court (Barros, J.), upon a finding that he had violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PETER B. SKELOS, J.P., DAVID S. RITTER, MARK C. DILLON, EDWARD D. CARNI & JOHN M. LEVENTHAL, JJ.
(Ind. No. 4412/01)
DECISION & ORDER
ORDERED that the amended judgment is affirmed.
We have reviewed the record and agree with the defendant's assigned counsel that there are no non-frivolous 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; People v Paige, 54 AD2d 63l; cf. People v Gonzalez, 47 NY2d 606).
SKELOS, J.P., RITTER, DILLON, CARNI and LEVENTHAL, JJ., concur.
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