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The People of the State of New York v. James Pearson

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


December 24, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JAMES PEARSON,
APPELLANT.

Appeal from an order of the City Court of Yonkers, Westchester County (Michael A. Martinelli, J.), entered December 2, 2010.

People v Pearson (James)

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This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2012

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

The order, after a hearing to redetermine defendant's sex offender risk level, designated defendant a level two sex offender pursuant to Correction Law article 6-C.

ORDERED that the judgment of conviction is 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 LaSalle, JJ., concur.

Decision Date: December 24, 2012

20121224

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