SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 1, 2009
THE PEOPLE, ETC., RESPONDENT,
MARK R. GRAEBE, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered September 8, 2008, convicting him of driving while intoxicated and operating a motor vehicle without a safety belt, upon his plea of guilty, and imposing sentence.
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.
REINALDO E. RIVERA, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL & SHERI S. ROMAN, JJ.
(Ind. No. 835/08)
DECISION & ORDER
ORDERED that the judgment 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).
RIVERA, J.P., COVELLO, ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.
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