Opinion
2015-03-4
The PEOPLE, etc., respondent, v. Michael RILEY, appellant.
Richard L. Herzfeld, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.
Richard L. Herzfeld, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered March 27, 2013, convicting him of sexual abuse in the first 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 issues related to the plea. 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. Thomas–Newbill, 114 A.D.3d 711, 979 N.Y.S.2d 823; 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). RIVERA, J.P., HALL, ROMAN, COHEN and BARROS, JJ., concur.