PEOPLE v. DORSEY (2023)

DECISION & ORDER

Appeal by the defendant pursuant to CPL 450.10(5) from an order of the Supreme Court, Kings County (Deborah A. Dowling, J.), dated July 31, 2017.  The order denied, without a hearing, that branch of the defendant's motion which was pursuant to CPL 440.30(1–a) for forensic DNA testing of certain evidence.  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 she moves for leave to withdraw as counsel for the appellant.

ORDERED that the order 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 that 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).

CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and CHRISTOPHER, JJ., concur.