Opinion
2017-05763 Ind. No. 6248/16
05-08-2019
The PEOPLE, etc., Respondent, v. Jean PIERRE, Appellant.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
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. Although the brief did not analyze the defendant's waiver of the right to appeal, the enforceability or unenforceability of the defendant's waiver of the right to appeal makes no practical difference to the eventual Anders outcome (see People v. Murray , 169 A.D.3d 227, 93 N.Y.S.3d 694 ). Moreover, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal (see id. ). Counsel's application for leave to withdraw as counsel is, therefore, granted (see Anders v. California , 386 U.S. at 744, 87 S.Ct. 1396 ; People v. Murray , 169 A.D.3d 227, 93 N.Y.S.3d 694 ; Matter of Giovanni S. [Jasmin A.] , 89 A.D.3d 252, 931 N.Y.S.2d 676 ).
BALKIN, J.P., CHAMBERS, ROMAN, MALTESE and CONNOLLY, JJ., concur.