Opinion
2017–01218 Ind. No. 2725/16
05-01-2019
The PEOPLE, etc., Respondent, v. Thomas DONOVAN, Appellant.
Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDERORDERED that the judgment is affirmed.
Under the circumstances of this case, 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 was sufficient because it addressed the essential issues in the case and, although the brief did not analyze the defendant's waiver of the right to appeal or the enforceability of the waiver, the enforceability or unenforceability of the defendant's waiver of the right to appeal makes no practical difference to the eventual Anders outcome (see People v. Murray, 169 A.D.3d 227, 233, 93 N.Y.S.3d 694 ). Moreover, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal (see id. at 235, 93 N.Y.S.3d 694 ). Counsel's application for leave to withdraw as counsel is, therefore, granted (see Anders v. California, 386 U.S. at 744, 87 S.Ct. 1396 ; People v. Murray, 169 A.D.3d at 232, 93 N.Y.S.3d 694 ; People v. Walker, 157 A.D.3d 726, 726, 66 N.Y.S.3d 612 ).
MASTRO, J.P., MILLER, DUFFY and LASALLE, JJ., concur.