Opinion
2004-1726 K CR.
Decided December 2, 2005.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Wavny Toussaint, J.), rendered February 25, 2004. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated.
Judgment of conviction unanimously affirmed.
PRESENT: GOLIA, J.P., RIOS and BELEN, JJ.
We have reviewed the record and find that there are no nonfrivolous issues which could be raised on appeal. Defendant knowingly, voluntarily and intelligently entered his plea of guilty ( People v. Fiumefreddo, 82 NY2d 536). Inasmuch as defendant has already served his sentence, any issue regarding excessiveness thereof has been rendered moot ( People v. Bierweiller, 40 AD2d 833; People v. Spear, 40 AD2d 986). Counsel is granted leave to withdraw as counsel ( see Anders v. California, 386 US 738; People v. Carter, 139 AD2d 754).