Opinion
2019–12948 S.C.I. No. 1712/19
02-16-2022
The PEOPLE, etc., respondent, v. Daniel AREVALO, appellant.
Janet E. Sabel, New York, NY (Ronald Alfano of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Christopher Blira–Koessler of counsel; Gianna Gambino on the brief), for respondent.
Janet E. Sabel, New York, NY (Ronald Alfano of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Christopher Blira–Koessler of counsel; Gianna Gambino on the brief), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, SHERI S. ROMAN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Queens County ( Bruna L. DiBiase, J.), rendered October 7, 2019, convicting him of attempted criminal possession of a forged instrument in the second 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 she moves for leave to withdraw as counsel for the defendant.
ORDERED that the judgment is affirmed.
Under the circumstances of this case, 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 ), was sufficient because it addressed the essential issues in the case. Although the brief failed to analyze the validity of the defendant's waiver of the right to appeal and the enforceability of that waiver, here the enforceability or unenforceability of the defendant's waiver of the right to appeal makes no practical difference to the Anders outcome (see People v. Murray, 169 A.D.3d 227, 233, 93 N.Y.S.3d 694 ). Moreover, upon an independent review of the record, we conclude that there are no nonfrivolous issues that could be raised on appeal (see id. at 233, 93 N.Y.S.3d 694 ). Accordingly, counsel's application for leave to withdraw as counsel is granted (see Anders v. California, 386 U.S. at 744, 87 S.Ct. 1396 ; 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 ).
DILLON, J.P., DUFFY, BRATHWAITE NELSON and ROMAN, JJ., concur.