Torts · MBE-tested

The People of the State of New York, Respondent, v. Owen McAllister, Appellant

83 A.D.3d 965920 N.Y.S.2d 704·New York Supreme Court, Appellate Division·2011·NY

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Opinion

The People of the State of New York, Respondent, v Owen McAllister, Appellant. [920 NYS2d 704] [MAJORITY] Appeal by the defendant from a judgment of the County Court, Westchester County (DiBella, J.), rendered September 5, 2008, convicting him of criminal trespass in the second degree and resisting arrest, upon a jury verdict, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant. Ordered that the judgment is affirmed. We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous 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 Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Mastro, J.P., Rivera, Austin and Roman, JJ., concur.