People of State of New York, respondent, v. Kirk Carney, appellant. (2010)

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

People of State of New York, respondent, v. Kirk Carney, appellant.

2008-05468

Decided: June 22, 2010

PETER B. SKELOS, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON JOHN M. LEVENTHAL, JJ.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.

Submitted-May 28, 2010

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated May 6, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

ORDERED that the order is affirmed, without costs or disbursements.

We have reviewed the record and agree with the 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 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

SKELOS, J.P., ANGIOLILLO, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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