Opinion
2013-01-30
PEOPLE of State of New York, respondent, v. Charles MUENSTER, appellant.
Thomas F. Diviny, Pearl River, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Midlemiss of counsel), for respondent.
Thomas F. Diviny, Pearl River, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Midlemiss of counsel), for respondent.
Appeal by the defendant from an order of the County Court, Orange County (DeRosa, J.), dated June 30, 2010, which, after a hearing, designated him a level three sex offender, a sexually violent offender, and a predicate 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. Moreover, under the unusual circumstances of this case, and based upon our independent review of the record, we agree with assigned counsel that there are no nonfrivolous issues which could be raised on appeal ( see Matter of Samantha G. [ Luis G.], 82 A.D.3d 885, 918 N.Y.S.2d 351;cf. People v. Palmer, 87 A.D.3d 628, 928 N.Y.S.2d 475). Counsel's application for leave to withdraw as counsel is, therefore, granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493;Matter of Giovanni S. [ Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676).