Opinion
2011-08-2
The PEOPLE, etc., respondent,v.Rafael PANTOJA, appellant.
Diane E. Selker, Peekskill, N.Y., for appellant, and appellant pro se.Janet DiFiore, District Attorney, White Plains, N.Y. (Richard Longworth Hecht and Anthony J. Servino of counsel; Justin L. Tolbert on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Hubert, J.), rendered March 14, 2008, convicting him of grand larceny in the first degree and grand larceny in the second 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 he moves to be relieved as counsel for the appellant.
ORDERED that the judgment is affirmed.
We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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).
The defendant has not raised, nor could he have raised, any nonfrivolous issues in his pro se supplemental brief.