Opinion
No. 2008-03841.
November 10, 2009.
Appeal by the defendant from an order of the County Court, Orange County (De Rosa, J.), dated October 25, 2006, 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 US 738), in which he moves to be relieved of the assignment to prosecute this appeal.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Before: Skelos, J.P., Covello, Santucci, Chambers and Austin, JJ., concur.
Ordered that the order 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; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).
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