Opinion
2018–05824 2018–05825 Inds. Nos. 4619/15, 6927/15
12-11-2019
The PEOPLE, etc., Respondent, v. Oshane FYFFE, Appellant.
Mark Diamond, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Ruby D. Andrade on the brief), for respondent.
Mark Diamond, New York, NY, for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Ruby D. Andrade on the brief), for respondent.
RUTH C. BALKIN, J.P., SHERI S. ROMAN, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER Appeals by the defendant from two judgments of the Supreme Court, Kings County (Martin P. Murphy, J., at plea; Guy J. Mangano, J., at sentencing), both rendered March 20, 2018, convicting him of criminal sale of a controlled substance in the third degree under Indictment No. 4619/15 and manslaughter in the first degree under Indictment No. 6927/15, 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 ) with respect to the appeal from the judgment rendered under Indictment No. 4619/15, in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the judgments are affirmed. The sentence imposed under Indictment No. 6927/15 was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
With respect to the appeal from the judgment rendered under Indictment No. 4619/15, 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 that could be raised on the appeal from that judgment. 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 ).
BALKIN, J.P., ROMAN, MILLER and CHRISTOPHER, JJ., concur.