People v. Hysmith

2024 NY Slip Op 01027

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 28, 2024
• Docket: 2019-12800
• Status: Published

Opinion

People v Hysmith (2024 NY Slip Op 01027)

People v Hysmith

2024 NY Slip Op 01027

Decided on February 28, 2024

Appellate Division, Second Department

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.

Decided on February 28, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
FRANCESCA E. CONNOLLY
BARRY E. WARHIT
CARL J. LANDICINO, JJ.

2019-12800

[*1]The People of the State of New York, respondent,

v

Edward Hysmith, appellant.

Jason M. Bernheimer, P.C., Chappaqua, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated September 10, 2019, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which he moves for leave to withdraw as counsel for the appellant.

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

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 US 738), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id.; People v Murray, 169 AD3d 227; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252).

DILLON, J.P., CONNOLLY, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court