Opinion
2014-04-2
The PEOPLE, etc., respondent, v. Edin A. GARCIA–CANTORAL, appellant.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. Adam B. Levy, District Attorney, Carmel, N.Y. (Heather M. Abissi of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. Adam B. Levy, District Attorney, Carmel, N.Y. (Heather M. Abissi of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Putnam County (Neary, J.), rendered December 20, 2012, convicting him of criminal sale of a controlled substance in the fifth 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 she 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 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, HINDS–RADIX and MALTESE, JJ., concur.