People ex rel. Morrissey v. Phillips — 163 A.D.2d 443

Majority

p. 443

The People of the State of New York ex rel. Dennis Morrissey, Appellant, v Roger Phillips, Respondent.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Orange County (Owen, J.), entered December 18, 1987, which dismissed the writ.

Ordered that the judgment is affirmed, without costs or disbursements.

We have reviewed the record and agree with the petitioner’s assigned counsel that there are no meritorious 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 ; People v Paige, 54 AD2d 631 ; cf., People v Gonzalez, 47 NY2d 606 ). Thompson, J. P., Brown, Rubin, Balletta and Miller, JJ., concur.

Cases cited

Anders v. California 386 US 738 SCOTUS 1967-05-08 p. 443
People v. Gonzalez 47 NY2d 606 N.Y. 1979-07-10 p. 443