People v Rivera, 2023 NY Slip Op 01489 [214 AD3d 544]

March 21, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jose Rivera, Appellant.

Twyla Carter, The Legal Aid Society, New York (Harold V. Ferguson Jr. of counsel), for appellant.

Judgment, Supreme Court, Bronx County (April Newbauer, J.), rendered October 18, 2018, unanimously affirmed.

Application by defendant’s counsel to withdraw as counsel is granted ( see Anders v California , 386 US 738 [1967]; People v Saunders , 52 AD2d 833 [1st Dept 1976]). We have reviewed this record and agree with defendant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur—Kapnick, J.P., Kern, Gesmer, Moulton, Higgitt, JJ..