Opinion
2020-07343 S.C.I. 2041/19
07-14-2021
The People, etc., respondent, v. Oshane Smith, appellant.
Alan Katz, Garden City Park, NY, for appellant. Joyce A. Smith, Acting District Attorney, Mineola, NY (Tammy J. Smiley and Andrew Fukuda of counsel), for respondent.
Submitted - June 23, 2021
Alan Katz, Garden City Park, NY, for appellant.
Joyce A. Smith, Acting District Attorney, Mineola, NY (Tammy J. Smiley and Andrew Fukuda of counsel), for respondent.
WILLIAM F. MASTRO, J.P. CHERYL E. CHAMBERS ROBERT J. MILLER COLLEEN D. DUFFY PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Nassau County (Erica L. Prager, J.), rendered August 27, 2020, convicting him of identity theft 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), 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 U.S. 738), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal from the judgment. 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; People v Paige, 54 A.D.2d 631; cf. People v Gonzalez, 47 N.Y.2d 606).
MASTRO, J.P, CHAMBERS, MILLER, DUFFY and WOOTEN, JJ, concur