Opinion
2013-01-9
The PEOPLE, etc., respondent, v. Hashim MATTHEWS, appellant.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda S. Breen of counsel; Gamaliel Marrero on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda S. Breen of counsel; Gamaliel Marrero on the brief), for respondent.
Appeals by the defendant from two resentences of the Supreme Court, Kings County (Firetog, J.), both imposed October 6, 2009, upon his convictions of rape in the first degree (two counts) and robbery in the first degree under Indictment No. 724/02, and sexual abuse in the first degree under Indictment No. 7737/02, upon his pleas of guilty. 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 appellant.
ORDERED that the resentences are affirmed.
We are satisfied with the sufficiency of the brief filed by the defendant's assigned *904counsel pursuant toAnders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, 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 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493;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).