Opinion
2011-09651 Ind. No. 2203/09
03-20-2019
The PEOPLE, etc., Respondent, v. Richard GREENE, Appellant.
Janet E. Sabel, New York, N.Y. (Andrea Yacka–Bible of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Deanna Russo on the brief), for respondent.
Janet E. Sabel, New York, N.Y. (Andrea Yacka–Bible of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Deanna Russo on the brief), for respondent.
ALAN D. SCHEINKMAN, P.J., ROBERT J. MILLER, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fernando Camacho, J.), rendered September 15, 2010, convicting him of burglary in the second 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.
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 that would allow him to withdraw his plea, and thus, does not wish for counsel to challenge the denial of that branch of his omnibus motion which was to suppress his statements to law enforcement authorities. 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 id. ; People v. Murray , ––– A.D.3d ––––, 93 N.Y.S.3d 694 [2d Dept. 2019] ; 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 ).
SCHEINKMAN, P.J., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.