
    The People of the State of New York ex rel. James Smith, Appellant, v Joandrea Davis, Warden, Rikers Island, Respondent.
    [953 NYS2d 858]
   — Order, Supreme Court, New York County (Larry Stephan J.), entered March 18, 2011, unanimously affirmed, without costs.

Application by appellant’s counsel to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Saunders, 52 AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal. Concur — Tom, J.E, Andrias, Saxe, Acosta and Freedman, JJ.  