People v Carter

People v Carter 2011 NY Slip Op 08737 Decided on November 29, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 29, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
RANDALL T. ENG
SANDRA L. SGROI, JJ.
2009-08703

[*1]People of State of New York, respondent,

v

Andrew Carter, appellant. 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.


DECISION & ORDER

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 US 738), in which she moves for leave to withdraw as counsel for the appellant.

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 US 738; Matter of Giovanni S. [Jasmin A.], ___ AD3d ___, 2011 NY Slip Op 07846 [2d Dept 2011]; People v Bowles, ___ AD3d ___, 2011 NY 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