Appellate Division of the Supreme Court of New York, 1994

People v. Ellerbe

People v. Ellerbe
Appellate Division of the Supreme Court of New York · Decided May 9, 1994
204 A.D.2d 481; 614 N.Y.S.2d 172
People v. Ellerbe

Opinion of the Court

—Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Weissman, J.), rendered March 12, 1993, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated the conditions 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, under Indictment No. 2102/90.

*482Ordered 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 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). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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