Opinion
01-11-2017
PEOPLE of State of New York, respondent, v. Frederick D. JENNINGS, appellant.
Steven A. Feldman, Uniondale, NY, for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.
Steven A. Feldman, Uniondale, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated March 19, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C, upon his consent. 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 (1967), in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that counsel's application for leave to withdraw as counsel is dismissed as academic, without costs or disbursements. The appeal must be dismissed because no appeal lies from an order entered on the consent of the appellant (see CPLR 5511 ; People v. Johnson, 142 A.D.3d 1061, 37 N.Y.S.3d 455 ; People v. Brown, 125 A.D.3d 1380, 1 N.Y.S.3d 722 ; People v. Dennis, 64 A.D.3d 760, 882 N.Y.S.2d 658 ; People v. Welch, 30 A.D.3d 392, 816 N.Y.S.2d 565 ).
ENG, P.J., BALKIN, SGROI and BARROS, JJ., concur.