People v Ray
2011 NY Slip Op 01818 [82 AD3d 859]
March 8, 2011
Appellate Division, Second Department
As corrected through Wednesday, May 11, 2011


The People of the State of New York,Respondent,
v
Othelia Ray, Appellant.

[*1]Gerald Zuckerman, Ossining, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and RichardLongworth Hecht of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Westchester County (DiBella,J.), dated May 13, 2004, which, after a hearing, designated him a sexually violent offender and alevel three sex offender pursuant to Correction Law article 6-C. Assigned counsel has submitteda brief in accordance with Anders v California (386 US 738 [1967]), in which he movesto be relieved of the assignment to prosecute this appeal.

Ordered that the order is affirmed, without costs or disbursements.

We have reviewed the record and agree with the defendant's assigned counsel that there areno nonfrivolous issues which could be raised on appeal. Counsel's application for leave towithdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; Peoplev Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Dillon,J.P., Leventhal, Belen, Austin and Cohen, JJ., concur.


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