People v Tiedeken, 2016 NY Slip Op 07347 [144 AD3d 846]

November 9, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

James M. Tiedeken, Appellant.

Geoffrey E. Chanin, Goshen, NY, for appellant, and appellant pro se.

David M. Hoovler, District Attorney, Middletown, NY (Elizabeth L. Schultz and Andrew R. Kass of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered June 6, 2014, convicting him of assault in the second degree and driving while intoxicated in violation of Vehicle Traffic Law § 1192 (3), upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), 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 US 738 [1967]), and we have also reviewed the defendant’s pro se supplemental brief. 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. ; Matter of Giovanni S. [Jasmin A.] , 89 AD3d 252 [2011]; People v Paige , 54 AD2d 631 [1976]; cf. People v Gonzalez , 47 NY2d 606 [1979]). Balkin, J.P., Chambers, Roman, Duffy and Barros, JJ., concur..