New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
December 10, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
Appeal from a judgment of the District Court of Suffolk County, First District (Joseph Santorelli, J.), rendered May 16, 2011.
People v Kost (David)
Appellate Term, Second Department
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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: LaSALLE, J.P., MOLIA and IANNACCI, JJ
The judgment convicted defendant, upon his plea of guilty, 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 ; People v Blasi, 76 AD3d 550 ; People v Paige, 54 AD2d 631 ; cf. People v Gonzalez, 47 NY2d 606 ).
LaSalle, J.P., Molia and Iannacci, JJ., concur. Decision Date: December 10, 2012
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