People v. Burg

• Decision Date: 21 November 2012
• Citation: 2012 N.Y. Slip Op. 07971,953 N.Y.S.2d 900,100 A.D.3d 846
• Parties: PEOPLE of State of New York, respondent, v. William BURG, appellant.
• Court: New York Supreme Court — Appellate Division

100 A.D.3d 846
953 N.Y.S.2d 900
2012 N.Y. Slip Op. 07971

PEOPLE of State of New York, respondent,
v.
William BURG, appellant.

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

Nov. 21, 2012.

Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

[100 A.D.3d 846]Appeal by the defendant from an order of the County Court, Dutchess County (Hayes, J.), dated June 16, 2010, which, after a hearing (Dolan, J.), designated him a level three 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, 87 S.Ct. 1396, 18 L.Ed.2d 493), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the order is affirmed, without costs or disbursements.

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 which [100 A.D.3d 847]could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493;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).

BALKIN, J.P., ROMAN, SGROI and COHEN, JJ., concur.