Opinion
2017–12352 S.C.I. No. 1444/17
04-24-2019
The PEOPLE, etc., Respondent, v. Pablo BARRERA–DIAZ, Appellant.
Martin Geduldig, Garden City, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio and Mary Faldich of counsel), for respondent.
Martin Geduldig, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio and Mary Faldich of counsel), for respondent.
LEONARD B. AUSTIN, J.P., JOHN M. LEVENTHAL, JEFFREY A. COHEN, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the County Court, Nassau County (Robert G. Bogle, J.), rendered October 23, 2017, convicting him of criminal possession of a controlled substance in the fifth 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, 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. 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 ; 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 ).
AUSTIN, J.P., LEVENTHAL, COHEN, BARROS and CHRISTOPHER, JJ., concur.