Opinion
2015–03080 Ind. No. 496/14
04-03-2019
The PEOPLE, etc., Respondent, v. Morgan SMITH, Appellant.
Charles E. Holster III, Garden City, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Kevin C. King and Amanda Manning of counsel), for respondent.
Charles E. Holster III, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Kevin C. King and Amanda Manning of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Nassau County (Alan L. Honorof, J.), rendered April 2, 2015, convicting him of driving while intoxicated, as a felony, in violation of Vehicle and Traffic Law § 1192(3), upon a jury verdict, and imposing sentence. 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 judgment is affirmed.
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. ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676 ; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399 ; cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987 ).
DILLON, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.