Opinion
02-28-2024
PEOPLE of State of New York, respondent, v. Edward HYSMITH, appellant.
Jason M. Bernheimer, P.C., Chappaqua, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent.
Jason M. Bernheimer, P.C., Chappaqua, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent.
MARK C. DILLON, J.P., FRANCESCA E. CONNOLLY, BARRY E. WARHIT, CARL J. LANDICINO, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated September 10, 2019, 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 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493), in which he 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 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493), 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.; People v. Murray, 169 A.D.3d 227, 93 N.Y.S.3d 694; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676).
DILLON, J.P., CONNOLLY, WARHIT and LANDICINO, JJ., concur.