People v. Oquendo

People v Oquendo (2021 NY Slip Op 08252)
People v Oquendo
2021 NY Slip Op 08252
Decided on March 17, 2021
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 March 17, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE
PAUL WOOTEN, JJ.

2019-05504
(Ind. No. 856/16)

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

v

Eric Oquendo, appellant.




Joseph A. Hanshe, Sayville, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Guy Arcidiacono of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Martin I. Efman, J., at plea; Philip Goglas, J., at sentence), rendered May 6, 2019, convicting him of criminal possession of a controlled substance in the third degree, criminally using drug paraphernalia in the second degree (two counts), and criminal possession of a controlled substance in the seventh degree (three counts), 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.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 US 738), 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).

CHAMBERS, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court