PEOPLE v. HYSMITH (2024)

Supreme Court, Appellate Division, Second Department, New York.

PEOPLE of State of New York, respondent, v. Edward HYSMITH, appellant.

2019–12800

Decided: February 28, 2024

MARK C. DILLON, J.P., FRANCESCA E. CONNOLLY, BARRY E. WARHIT, CARL J. LANDICINO, JJ.

Jason M. Bernheimer, P.C., Chappaqua, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated September 10, 2019, which, after a hearing, designated him a level three 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), 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), 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.; People v. Murray, 169 AD3d 227; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252).

DILLON, J.P., CONNOLLY, WARHIT and LANDICINO, JJ., concur.

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