SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
May 12, 2009
THE PEOPLE, ETC., RESPONDENT,
HECTOR AVILES, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Molea, J.), rendered July 31, 2008, convicting him of rape in the second degree and rape in the third degree (two counts), upon his plea of guilty, and imposing a 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.
PETER B. SKELOS, J.P., ANITA R. FLORIO, RUTH C. BALKIN, ARIEL E. BELEN, JJ.
(Ind. No. 07-01679)
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).
SKELOS, J.P., FLORIO, BALKIN and BELEN, JJ., concur.
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