SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
October 13, 2009
THE PEOPLE, ETC., RESPONDENT,
TIQUAN DAVIS, APPELLANT.
Appeal by the defendant pursuant to CPL 450.10(5) from an order of the Supreme Court, Kings County (Firetog, J.), dated May 12, 2006, which denied his motion pursuant to CPL 440.30(1-a) for DNA testing.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., FRED T. SANTUCCI, CHERYL E. CHAMBERS & PLUMMER E. LOTT, JJ.
(Ind. No. 5511/94)
DECISION & ORDER
ORDERED that the order is affirmed.
We have reviewed the record and agree with the defendant's assigned counsel that there are no non-frivolous 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).
The defendant has not, nor could he have, raised any non-frivolous issues in his supplemental pro se brief.
MASTRO, J.P., SANTUCCI, CHAMBERS and LOTT, JJ., concur.
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