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People v Calderon (Salvador)
2011 NY Slip Op 50576(U) [31 Misc 3d 130(A)]
Decided on April 1, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 1, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
2009-51 Q CR.

The People of the State of New York, Respondent,

against

Salvador Calderon, Appellant.


Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Suzanne J. Melendez, J.), rendered November 10, 2008. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated per se.


ORDERED that the judgment of conviction is affirmed.

We have reviewed the record and agree with 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 US 738 [1967]; People v Blasi, 76 AD3d 550 [2010]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: April 01, 2011