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People v. Hewitt

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 668 (N.Y. App. Div. 1999)

Opinion

February 22, 1999

Appeal from the Supreme Court, Kings County (George, J.).


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 631; cf., People v. Gonzalez, 47 N.Y.2d 606).

The defendant has raised no nonfrivolous issues in his supplemental pro se brief. To the extent that the defendant raises the issue of ineffective assistance of counsel, the various factual assertions involve matters dehors the record. Therefore, the defendant's claim is not properly before this Court on direct appeal (see, People v. Grazzette, 211 A.D.2d 822; People v. Dyson, 200 A.D.2d 756).

Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.


Summaries of

People v. Hewitt

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 668 (N.Y. App. Div. 1999)
Case details for

People v. Hewitt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY HEWITT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 22, 1999

Citations

258 A.D.2d 668 (N.Y. App. Div. 1999)
683 N.Y.S.2d 918

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