People v. Carson

People v Carson (2017 NY Slip Op 00178)
People v Carson
2017 NY Slip Op 00178
Decided on January 11, 2017
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on January 11, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
COLLEEN D. DUFFY
BETSY BARROS, JJ.

2011-04423
(Ind. No. 1672/10)

[*1]The People of the State of New York, respondent,

v

Ronald Carson, appellant.




Richard L. Herzfeld, New York, NY, for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (R. Doyle, J.), rendered April 4, 2011, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

The brief filed by the defendant's assigned counsel pursuant to Anders v California (386 US 738) was sufficient, and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

BALKIN, J.P., CHAMBERS, ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court