Opinion
2017–01665
07-25-2018
PEOPLE of State of New York, respondent, v. Rod GILBERT, appellant.
Laurette D. Mulry, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., SHERI S. ROMAN, SANDRA L. SGROI, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
Appeal by the defendant from an order of the County Court, Suffolk County (Barbara Kahn, J.), dated January 4, 2017, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6–C. 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 defendant.
ORDERED that the order is affirmed, without costs or disbursements.
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 id. ; People v. Walker, 157 A.D.3d 726, 726, 66 N.Y.S.3d 612 ; People v. Vosper, 156 A.D.3d 919, 920, 65 N.Y.S.3d 775 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 255, 931 N.Y.S.2d 676 ; cf. People v. Parker, 135 A.D.3d 966, 967–968, 23 N.Y.S.3d 393 ).
SCHEINKMAN, P.J., ROMAN, SGROI and MALTESE, JJ., concur.