SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
January 13, 2009
THE PEOPLE, ETC., RESPONDENT,
DAVID BENDEZU, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Neary, J.), rendered July 11, 2007, convicting him of murder in the second degree and robbery in the first degree as a hate crime, upon his plea of guilty, and imposing sentence.
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.
STEVEN W. FISHER, J.P., JOSEPH COVELLO, RUTH C. BALKIN & ARIEL E. BELEN, JJ.
(Ind. No. 06-00863)
DECISION & ORDER
ORDERED that the 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 631; cf. People v Gonzalez, 47 NY2d 606).
FISHER, J.P., COVELLO, BALKIN and BELEN, JJ., concur.
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