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People v. Duart

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 4, 2017
2017 N.Y. Slip Op. 6947 (N.Y. App. Div. 2017)

Opinion

2013-08576

10-04-2017

People of State of New York, respondent, v. Douglas Duart, appellant.

Laurette D. Mulry, Riverhead, NY (Kirk R. Brandt of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.


L. PRISCILLA HALL JEFFREY A. COHEN ANGELA G. IANNACCI, JJ.

Laurette D. Mulry, Riverhead, NY (Kirk R. Brandt of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 13, 2013, 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 she moves for leave to withdraw as counsel for the appellant.

ORDERED that the order is affirmed, without costs or disbursements.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 US 738), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

MASTRO, J.P., HALL, COHEN and IANNACCI, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Duart

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 4, 2017
2017 N.Y. Slip Op. 6947 (N.Y. App. Div. 2017)
Case details for

People v. Duart

Case Details

Full title:People of State of New York, respondent, v. Douglas Duart, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 4, 2017

Citations

2017 N.Y. Slip Op. 6947 (N.Y. App. Div. 2017)