People v. Aquart

People v Aquart (2017 NY Slip Op 02668)
People v Aquart
2017 NY Slip Op 02668
Decided on April 5, 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 April 5, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
BETSY BARROS, JJ.

2015-07231

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

v

Dwayne Aquart, appellant.




Steven A. Feldman, Uniondale, NY, for appellant, and appellant pro se.



DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.), rendered June 24, 2015, convicting him of criminal sale of a controlled substance 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 U.S. 738), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 U.S. 738), and we have also reviewed the defendant's pro se supplemental brief. Upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on the 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).

MASTRO, J.P., CHAMBERS, MILLER and BARROS, JJ., concur.

ENTER: Aprilanne Agostino Clerk of the Court