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The People of the State of New York, Respondent v. Fernandez Cummings

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


March 25, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, --
v.
FERNANDEZ CUMMINGS, APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Pauline A. Mullings, J.), rendered January 28, 2011.

People v Cummings (Fernandez)

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 25, 2013

PRESENT: PESCE, P.J., WESTON and SOLOMON, JJ

The judgment convicted defendant, upon his plea of guilty, of criminal facilitation in the fourth degree.

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 38 [1967]; People v Blasi, 76 AD3d 550 [2010]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Pesce, P.J., Weston and Solomon, JJ., concur. Decision Date: March 25, 2013

20130325

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