General

The People of the State of New York ex rel. Jeremiah Smith, Appellant, v. James B. Kane et al., Respondents

262 A.D.2d 165690 N.Y.S.2d 451·New York Supreme Court, Appellate Division·1999·NY

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Opinion

The People of the State of New York ex rel. Jeremiah Smith, Appellant, v James B. Kane et al., Respondents. [690 NYS2d 451] [MAJORITY] —Judgment, Supreme Court, New York County (Laura Drager, J.), entered July 17, 1997, dismissing the petition for a writ of habeas corpus, unanimously affirmed, without costs. Application by appellant’s counsel to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Saunders, 52 AD2d 833). We have reviewed the record and agree with appellant’s counsel that there are no non-frivolous points which could be raised on this appeal. None of appellant’s pro se claims may be raised by way of habeas corpus (People ex rel. Douglas v Vincent, 50 NY2d 901, affg 67 AD2d 587). Concur— Rosenberger, J. P., Wallach, Rubin and Andrias, JJ.