People v Dorsey, 2023 NY Slip Op 02890 [216 AD3d 1177]

May 31, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Leroy Dorsey, Appellant.

Patricia Pazner, New York, NY (Erica Horwitz of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

Appeal by the defendant pursuant to CPL 450.10 (5) from an order of the Supreme Court, Kings County (Deborah A. Dowling, J.), dated July 31, 2017. The order denied, without a hearing, that branch of the defendant’s motion which was pursuant to CPL 440.30 (1-a) for forensic DNA testing of certain evidence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which she moves for leave to withdraw as counsel for the appellant.

Ordered that the order is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to Anders v California (386 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues that could be raised on appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted ( see id. ; Matter of Giovanni S. [Jasmin A.] , 89 AD3d 252 [2011]; People v Paige , 54 AD2d 631 [1976]; cf . People v Gonzalez , 47 NY2d 606 [1979]). Connolly, J.P., Brathwaite Nelson, Maltese and Christopher, JJ., concur..