People v. Nearing

Appeal by the defendant from an amended judgment of the County Court, Orange County (Byrne, J.), rendered January 6, 1993, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of operating a motor vehicle while under the influence of alcohol as a felony.

Ordered that the amended judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues *851which 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). Bracken, J. P., Balletta, Eiber, O’Brien and Pizzuto, JJ., concur.