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People v. Duart

154 A.D.3d 691 Court N.Y. App. Div. Decision date 2017-10-04 English

Judges Mastro, J.P., Hall, Cohen and Iannacci, JJ., concur.

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p. 691
The People of the State of New York, Respondent, v Douglas Duart, Appellant.
[60 NYS3d 841]

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated August 13, 2013, which, after a hearing, designated him a level three 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 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]).

Mastro, J.P., Hall, Cohen and Iannacci, JJ., concur.

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