Opinion
12-21-2016
The PEOPLE, etc., respondent, v. Flavio Patricio LEON, appellant.
Thomas R. Villecco, Jericho, N.Y., for appellant. James A. McCarty, Acting District Attorney, White Plains, N.Y. (Adrian Murphy and Jennifer Spencer of counsel), for respondent.
Thomas R. Villecco, Jericho, N.Y., for appellant.
James A. McCarty, Acting District Attorney, White Plains, N.Y. (Adrian Murphy and Jennifer Spencer of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered June 11, 2013, convicting him of course of sexual conduct against a child in the first degree and course of sexual conduct against a child in the second degree (two counts), 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 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 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 ).
RIVERA, J.P., DICKERSON, MALTESE and CONNOLLY, JJ., concur.