Opinion
2014-02-5
The PEOPLE, etc., respondent, v. Jermaine DAVIS, appellant.
John P. Savoca, Yorktown Heights, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Lauren E. Grasso of counsel), for respondent.
John P. Savoca, Yorktown Heights, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Lauren E. Grasso of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered May 26, 2011, convicting him of burglary in the first 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, 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, 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). RIVERA, J.P., DICKERSON, COHEN and HINDS–RADIX, JJ., concur.