Opinion
No. 2018-14327 Ind. No. 944/17
12-24-2024
The People of the State of New York, respondent, v. Barry Wilson, appellant.
Patricia Pazner, New York, NY (Sam Feldman of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Joseph M. DiPietro of counsel; Gianna Gambino on the brief), for respondent.
Patricia Pazner, New York, NY (Sam Feldman of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Joseph M. DiPietro of counsel; Gianna Gambino on the brief), for respondent.
BETSY BARROS, J.P., PAUL WOOTEN, DEBORAH A. DOWLING, CARL J. LANDICINO, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry Kron, J.), rendered November 1, 2018, convicting him of criminal sale of marihuana 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) , in which she moves for leave to withdraw as counsel for the appellant.
ORDERED that the appeal is dismissed as academic.
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) , 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.; People v Giese, 221 A.D.3d 912; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252).
Moreover, when the Marihuana Regulation and Taxation Act was enacted in March 2021, the defendant's conviction of criminal sale of marihuana in the fourth degree (Penal Law former § 221.40) became a nullity by operation of law, independently of any appeal, and without requiring any action by this Court (see CPL 160.50[5]; People v Clements, 221 A.D.3d 1023, 1024; People v Carlton, 218 A.D.3d 790, 792). Consequently, the appeal must be dismissed as academic (see People v Carlton, 218 A.D.3d at 792).
BARROS, J.P., WOOTEN, DOWLING and LANDICINO, JJ., concur.