People v Williams (Philip)

[*1] People v Williams (Philip) 2005 NY Slip Op 52097(U) [10 Misc 3d 134(A)] Decided on December 2, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., RIOS and BELEN, JJ.
2004-1726 K CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

Philip T. Williams, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Wavny Toussaint, J.), rendered February 25, 2004. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated.

Judgment of conviction unanimously affirmed.

We have reviewed the record and find that there are no nonfrivolous issues which could be raised on appeal. Defendant knowingly, voluntarily and intelligently entered his plea of guilty (People v Fiumefreddo, 82 NY2d 536 [1993]). Inasmuch as defendant has already served his sentence, any issue regarding excessiveness [*2]
thereof has been rendered moot (People v Bierweiller, 40 AD2d 833 [1972]; People v Spear, 40 AD2d 986 [1972]). Counsel is granted leave to withdraw as counsel (see Anders v California, 386 US 738 [1967]; People v Carter, 139 AD2d 754 [1988]).
Decision Date: December 02, 2005