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THE PEOPLE, ETC., respondent, v. JUAN SANTANA, appellant. (Ind. No. 99325)

DECISION ORDER

ORDERED that the 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 U.S. 738; People v. Paige, 54 A.D.2d 631).

The defendant has raised no nonfrivolous issues in his supplemental pro se brief. The defendant's contentions that the defense counsel failed to effectuate his request to testify before the Grand Jury and made statements that coerced his plea involve factual matters which are dehors the record. Such claims are not properly before this court on direct appeal (see, People v. Grazzette, 211 A.D.2d 822; People v. Dyson, 200 A.D.2d 756).

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PEOPLE v. SANTANA
(Jan 31, 2001)