Opinion
2019–11763 S.C.I. No. 4963/19
04-13-2022
The PEOPLE, etc., respondent, v. Abraham QUINONES, appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Arieh Schulman of counsel), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Arieh Schulman of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County ( Ellen Edwards, J.), rendered September 25, 2019, convicting him of burglary in the third 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 she moves for leave to withdraw as counsel for the appellant.
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 ) was sufficient because it addressed the essential issues in this case. Although the brief failed to analyze the defendant's waiver of the right to appeal and the enforceability of the waiver, here 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 at 235, 93 N.Y.S.3d 694 ).
Accordingly, counsel's application for leave to withdraw as counsel is 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 ).
DILLON, J.P., DUFFY, MALTESE and GENOVESI, JJ., concur.