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The People of the State of New York v. Luis Antonio Tenecola Nieves

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department


October 31, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
LUIS ANTONIO TENECOLA NIEVES,
APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Suzanne J. Melendez, J.), rendered June 23, 2009.

People v Nieves (Luis)

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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 31, 2011

PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ

The judgment convicted defendant, upon his guilty plea, 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 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 [1967]; People v Blasi, 76 AD3d 550 [2010]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Pesce, P.J., Weston and Steinhardt, JJ., concur.

Decision Date: October 31, 2011

20111031

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