Opinion
2011-10-18
The PEOPLE, etc., respondent,v.Gregory FERNANDEZ, appellant.
John P. Savoca, Yorktown Heights, N.Y., for appellant.Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco, Laurie G. Sapakoff, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered July 15, 2010, convicting him of attempted criminal possession of a weapon in the second 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 have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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).
SKELOS, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.