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People v Kost (David)
2012 NY Slip Op 52291(U) [37 Misc 3d 143]
Decided on December 10, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : LaSALLE, J.P., MOLIA and IANNACCI, JJ
2011-1893 S CR.

The People of the State of New York, Respondent, —

against

David Kost, Appellant.


Appeal from a judgment of the District Court of Suffolk County, First District (Joseph Santorelli, J.), rendered May 16, 2011. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated.


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]).

LaSalle, J.P., Molia and Iannacci, JJ., concur.
Decision Date: December 10, 2012