Opinion
2018–14608 Ind. No. 1474/15
11-24-2021
The PEOPLE, etc., respondent, v. Linwood JONES, also known as Miek, also known as Linwood Bonner, appellant.
Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.
Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.
WILLIAM F. MASTRO, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, LARA J. GENOVESI, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
Under the circumstances of this case, 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 was sufficient because it addressed the essential issues in this case, and although the brief failed to analyze the validity of the defendant's waiver of the right to appeal and the enforceability of the waiver, the enforceability or unenforceability of the defendant's waiver of the right to appeal makes no practical difference to the Anders outcome (see People v. Morris, 187 A.D.3d 938, 939, 130 N.Y.S.3d 749 ; People v. Warney, 186 A.D.3d 1273, 127 N.Y.S.3d 892 ; People v. Murray, 169 A.D.3d 227, 233, 93 N.Y.S.3d 694 ). Moreover, upon an independent review of the record, we conclude that there are no nonfrivolous issues that could be raised on appeal (see People v. Murray, 169 A.D.3d 227, 93 N.Y.S.3d 694 ). 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 ).
MASTRO, J.P., HINDS–RADIX, BRATHWAITE NELSON and GENOVESI, JJ., concur.