People ex rel. Goins v District Attorney

People ex rel. Goins v District Attorney 2004 NY Slip Op 01814 [5 AD3d 616] March 15, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

The People of the State of New York ex rel. Warren Goins, Appellant,
v
District Attorney, Respondent.

—In a habeas corpus proceeding, the petitioner appeals from a judgment of the County Court, Suffolk County (Weber, J.), dated July 26, 2001, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

We have reviewed the record and agree with the petitioner's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

The petitioner has not, nor could he have, raised any nonfrivolous issues in his pro se supplemental brief. Santucci, J.P., Smith, Luciano and Adams, JJ., concur.