People v Warney, 2020 NY Slip Op 04879 [186 AD3d 1273]

September 2, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Tanya Warney, Appellant.

Janet E. Sabel, New York, NY (Dalourny Nemorin of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered November 20, 2017, convicting her of robbery in the third degree, upon her plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which she moves for leave to withdraw as counsel for the appellant.

Ordered that the judgment is affirmed.

Under the circumstances of this case, the brief filed by the defendant’s assigned counsel pursuant to Anders v California (386 US 738 [1967]) was sufficient because it addressed the essential issues in the case and, although the brief did not fully analyze the defendant’s waiver of the right to appeal or the enforceability of the waiver, the enforceability or unenforceability of the defendant’s waiver of the right to appeal makes no practical difference to the Anders outcome ( see People v Murray , 169 AD3d 227 , 233 [2019]). Moreover, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal ( see id .). Counsel’s application for leave to withdraw as counsel is, therefore, granted ( see Anders v California , 386 US at 744; People v Murray , 169 AD3d at 235). Mastro, J.P., Leventhal, Miller, Duffy and LaSalle, JJ., concur..