Opinion
2012-07-5
The PEOPLE, etc., respondent, v. Victor SOWELL, appellant.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant, and appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant, and appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Chambers, J.), dated February 4, 2008, which denied that branch of his motion pursuant to CPL 440.10 which was to vacate a judgment of the same court (Kreindler, J.), rendered March 16, 1988, based upon alleged violations of his rights pursuant to Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215. 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 to be relieved of the assignment to prosecute this appeal.
ORDERED that the order is affirmed.
We are satisfied with the sufficiency of defense counsel's brief filed 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, under the circumstances of this case, 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).