People v Carter
2011 NY Slip Op 08737 [89 AD3d 1071]
November 29, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


The People of the State of New York, Respondent,
v
Andrew Carter, Appellant.

[*1] Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), dated September 9, 2009, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C. 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, without costs or disbursements.

We have reviewed the record and agree with the defendant's assigned counsel that there is no nonfrivolous issue that could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2d Dept 2011]; People v Bowles, 89 AD3d 171 [2d Dept 2011]; People v Thomas, 88 AD3d 974 [2011]). Skelos, J.P., Balkin, Eng and Sgroi, JJ., concur.