Opinion
2016-05584, 2016-05588, 2017-10359, 2017-10360.
10-25-2017
The PEOPLE, etc., respondent, v. Michael CASTALDO, appellant.
Richard L. Herzfeld, New York, NY, for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.
Richard L. Herzfeld, New York, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.
Appeals by the defendant from (1) two amended judgments of the Supreme Court, Suffolk County (Cohen, J.), both rendered April 7, 2016, revoking sentences of probation previously imposed by the same court, upon a finding that he violated conditions thereof, upon his admission, and imposing sentences of imprisonment upon his previous convictions of attempted burglary in the second degree under Indictment No. 1622–12, and forcible touching and resisting arrest under Superior Court Information No.2067–12, and (2) two judgments of the same court, also both rendered April 7, 2016, convicting him of criminal mischief in the fourth degree under Superior Court Information No. 1596–15 and attempted robbery in the first degree under Indictment No. 2274–15, upon his pleas of guilty, and imposing sentences. 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 defendant.
ORDERED that the amended judgments and the judgments are 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, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on the appeals. 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, 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 ).
RIVERA, J.P., ROMAN, MALTESE and LaSALLE, JJ., concur.