Opinion
2013-02821
11-12-2014
The PEOPLE, etc., respondent, v. Leovardo RODAS, appellant.
Seymour W. James, Jr., New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Michael Onah on the brief), for respondent.
Seymour W. James, Jr., New York, N.Y. (Joanne Legano Ross of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Michael Onah on the brief), for respondent.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Queens County (Zayas, J.), rendered February 26, 2013, convicting him of criminal possession of a weapon in the fourth 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 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. Counsel has informed this Court that the defendant has not authorized counsel to raise any issue related to whether the Supreme Court properly advised him of the deportation consequences of his guilty plea (see People v. Peque, 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617 ). Upon an independent review of the record, we conclude that there are no remaining nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 ; People v. Richardson, 120 A.D.3d 719, 990 N.Y.S.2d 884 ; People v. Cardwell, 98 A.D.3d 986, 950 N.Y.S.2d 577 ; 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 ).
SKELOS, J.P., LEVENTHAL, HINDS–RADIX, DUFFY and LaSALLE, JJ., concur.