People v. Xuya-Sian

• Decision Date: 30 November 2010
• Citation: 911 N.Y.S.2d 647,78 A.D.3d 1209
• Parties: The PEOPLE, etc., respondent, v. Alejandro XUYA-SIAN, appellant.
• Court: New York Supreme Court — Appellate Division

911 N.Y.S.2d 647

78 A.D.3d 1209

The PEOPLE, etc., respondent,

v.Alejandro XUYA-SIAN, appellant.

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

Nov. 30, 2010.

Brian E. O'Donoghue, Huntington, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered August 16, 2007, convicting him of vehicular assault in the second degree, leaving the scene of an incident involving personal injury without reporting, as a felony, aggravated unlicensed operation of a motor vehicle in the first degree, and operating a motor vehicle while under the influence of alcohol, as a misdemeanor, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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).

FISHER, J.P., DILLON, BALKIN, CHAMBERS and SGROI, JJ., concur.