People v Fallon, 2015 NY Slip Op 01962 [126 AD3d 810]

March 11, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Kevin Fallon, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Michael Onah on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered February 14, 2013, convicting him of burglary 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 US 738 [1967]), 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 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on the appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted ( see Anders v California , 386 US 738 [1967]; 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]; People v Sedita , 113 AD3d 638 [2014]). Balkin, J.P., Leventhal, Dickerson and Miller, JJ., concur..