People v Smith, 2019 NY Slip Op 02566 [171 AD3d 803]

April 3, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Morgan Smith, Appellant.

Charles E. Holster III, Garden City, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Kevin C. King and Amanda Manning of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Alan L. Honorof, J.), rendered April 2, 2015, convicting him of driving while intoxicated, as a felony, in violation of Vehicle and Traffic Law § 1192 (3), upon a jury verdict, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that the judgment 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 which 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]). Dillon, J.P., Duffy, Connolly and Christopher, JJ., concur..