Opinion
10-18-2017
The PEOPLE, etc., respondent, v. Jose PENA, appellant.
Leon H. Tracy, Jericho, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Yael V. Levy and Matthew C. Frankel of counsel), for respondent.
Leon H. Tracy, Jericho, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Yael V. Levy and Matthew C. Frankel of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Donnino, J.), rendered May 15, 2015, convicting him of attempted murder in the second degree, assault in the first degree, burglary in the first degree, and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has filed 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 defendant.
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 ).
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.