Opinion
1999-08193
Submitted September 26, 2001.
December 17, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered May 28, 1999, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
Richard L. Herzfeld, New York, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel; Maria V. Szulc and Emily S. Berkman on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
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 U.S. 738; People v. Paige, 54 A.D.2d 63l; 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.
SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.