People v. Pena

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2017-10-18
Citations: 2017 NY Slip Op 7281, 154 A.D.3d 885, 61 N.Y.S.3d 911
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Combined Opinion

— Appeal by the defendant from a judgment of the County Court, Nassau County (Don-nino, J.), rendered May 15, 2015, convicting him of attempted murder in the second degree, assault in the first degree, burglary in the first degree, and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has filed a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the defendant.

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 US 738 [1967]), 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 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Balkin, J.P., Austin, Sgroi and LaSalle, JJ., concur.