Opinion
2008-657 S CR.
Decided June 29, 2009.
Appeal from a judgment of the District Court of Suffolk County, First District (Toni A. Bean, J.), entered February 26, 2008. The judgment convicted defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511 [a]).
Judgment of conviction affirmed.
PRESENT: TANENBAUM, J.P., MOLIA and SCHEINKMAN, JJ.
We have reviewed the record and agree with 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 US 738; People v Geraghty, 286 AD2d 777).
The decision and order of this court entered herein on June 2, 2009 are hereby recalled and vacated ( see motion decided simultaneously herewith).
Tanenbaum, J.P., and Molia, J., concur.
Scheinkman, J., taking no part.