Opinion
2000-04112.
Decided December 15, 2003.
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated April 19, 2000, which denied the petition and dismissed the proceeding. Justice Adams has been substituted for the late Justice O'Brien, and Justice Santucci has been substituted for former Justice Feuerstein ( see 22 NYCRR 670.1[c]).
Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant, and appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani and Guy Arcidiacono of counsel), for respondent.
Before: DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, without costs or disbursements.
We have reviewed the record and agree with the petitioner'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 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).
The defendant has not, nor could he have, raised any nonfrivolous issues in his supplemental pro se brief.
RITTER, J.P., SANTUCCI, LUCIANO and ADAMS, JJ., concur.