Opinion
2011-10-25
PEOPLE of State of New York, respondent,v.Lemar THOMAS, appellant.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Del Giudice, J.), dated April 27, 2009, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 in which she moves for leave to withdraw as counsel for the appellant.
ORDERED that the order is affirmed, without costs or disbursements.
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 *527 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399; see also People v. Diaz, 76 A.D.3d 673, 905 N.Y.S.2d 918; People v. Kendle, 47 A.D.3d 783, 849 N.Y.S.2d 157).
SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.