Opinion
Submitted September 29, 1999
November 1, 1999
Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicoletta J. Caferri of counsel; Lorrie A. Zinno on the brief), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered September 16, 1997, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
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).
MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.