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261 A.D.2d 425

People ex rel. Smith v. Strack

Appellate Division of the Supreme Court of the State of New York · decided 1999-05-03

Decided 1999-05-03

¶1—In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated August 7, 1997, which denied the petition and dismissed the proceeding.

¶2Ordered that the judgment is affirmed, without costs or disbursements.

¶3We have reviewed the record and agree with the petitioner’s assigned counsel that there are no nonfrivolous 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). Ritter, J. P., Joy, Altman and Smith, JJ., concur.

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