Opinion
September 22, 1998
Appeal from the Supreme Court, New York County (Rena Uviller, J.)
Application by appellant's counsel to withdraw as counsel is granted. ( See, Anders v. California, 386 U.S. 738; People v. Saunders, 52 A.D.2d 833.) We have reviewed this record and agree with appellant's assigned counsel that there are no nonfrivolous points that could be raised on this appeal.
Pursuant to CPL 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.
Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice.
We have also considered the arguments raised by defendant in his pro se supplemental brief and find them to be without merit.
Reargument granted, and, upon reargument, the prior unpublished decision and order of this Court entered on May 26, 1998 is recalled and vacated, and a new decision and order substituted therefor.
Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.