People v. Rivera

Mar 4, 2015
2012-08322
Versions:126 A.D.3d 727
2 N.Y.S.3d 376
2015 NY Slip Op 01822
2015 N.Y. App. Div. LEXIS 1808

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered March 27, 2013, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), 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 [1967]). Counsel has informed this Court that the defendant has not authorized counsel to raise any issues related to the plea. Upon an independent review of the record, we conclude that there are no remaining nonfrivolous issues which could be raised on appeal. Counsel‘s application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738 [1967]; People v Thomas-Newbill, 114 AD3d 711 [2014]; 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]).

Rivera, J.P., Hall, Roman, Cohen and Barros, JJ., concur.