General

The People of the State of New York, Respondent, v. Walter Beneke, Appellant

127 A.D.2d 670·New York Supreme Court, Appellate Division·1987·NY

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Opinion

The People of the State of New York, Respondent, v Walter Beneke, Appellant. [MAJORITY] Appeal by the defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered November 26, 1984, as amended May 21, 1985, convicting him of operating a motor vehicle while under the influence of alcohol, as a felony, upon his plea of guilty, and imposing sentence. Ordered that the judgment, as amended, is affirmed. We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious 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). Thompson, J. P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.