Opinion
01-21-2015
The PEOPLE, etc., respondent, v. Alfred BALCUNS, appellant.
Peter J. Creedon, Northport, N.Y., for appellant, and appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller and Thomas Constant of counsel), for respondent.
Peter J. Creedon, Northport, N.Y., for appellant, and appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller and Thomas Constant of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered January 6, 2010, convicting him of sexual abuse in the first degree and endangering the welfare of a child, 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.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, 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 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 ; cf. People v. Sedita, 113 A.D.3d 638, 978 N.Y.S.2d 318 ).
MASTRO, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.