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The People of the State of New York v. Thomas Pemberton

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department


November 1, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
THOMAS PEMBERTON,
APPELLANT.

Appeal from judgments of the City Court of Mount Vernon, Westchester County (Helen M. Blackwood, J.), rendered April 30, 2010.

People v Pemberton (Thomas)

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2011

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

The judgments convicted defendant, upon his pleas of guilty, of assault in the third degree and criminal possession of a controlled substance in the seventh degree, respectively.

ORDERED that the judgments of conviction are affirmed.

We have reviewed the record and agree with 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 [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., LaCava and Iannacci, JJ., concur.

Decision Date: November 01, 2011

20111101

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