People of State of New York, respondent, v Andrew Carter, appellant. v. << (2011)

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

People of State of New York, respondent, v Andrew Carter, appellant.

2009–08703

Decided: November 29, 2011

PETER B. SKELOS, J.P. RUTH C. BALKIN RANDALL T. ENG SANDRA L. SGROI, JJ.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent. Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated September 9, 2009, which, after a hearing, designated him a level two 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 she moves for leave to withdraw as counsel for the appellant.

Submitted—November 7, 2011

DECISION & ORDER

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 is no nonfrivolous issue that could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738; Matter of Giovanni S. [Jasmin A.], _ AD3d _, 2011 N.Y. Slip Op 07846 [2d Dept 2011]; People v. Bowles, _ AD3d _, 2011 N.Y. Slip Op 07826 [2d Dept 2011]; People v. Thomas, 88 AD3d 974).

SKELOS, J.P., BALKIN, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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