Opinion
04-05-2017
The PEOPLE, etc., respondent, v. Dwayne AQUART, appellant.
Steven A. Feldman, Uniondale, NY, for appellant, and appellant pro se.
Steven A. Feldman, Uniondale, NY, for appellant, and appellant pro se.
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, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.
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, 87 S.Ct. 1396, 18 L.Ed.2d 493, 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 A.D.3d 252, 931 N.Y.S.2d 676 ; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399 ; cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987 ).
ORDERED that the judgment is affirmed.
MASTRO, J.P., CHAMBERS, MILLER and BARROS, JJ., concur.