Opinion
11-12-2015
The PEOPLE, etc., respondent, v. Desi A. FUQUA, appellant.
Charles E. Holster III, Mineola, N.Y., for appellant. Madeline Singas, Acting District Attorney, Mineola, N.Y. (Jason R. Richards and Rebecca L. Abensur of counsel), for respondent.
Charles E. Holster III, Mineola, N.Y., for appellant.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Jason R. Richards and Rebecca L. Abensur of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered July 12, 2013, convicting him of course of sexual conduct against a child in the second degree and criminal contempt 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 to be relieved of the assignment to prosecute this appeal.
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, MALTESE and LaSALLE, JJ., concur.