Skip to content

People v Martinez, 2019 NY Slip Op 04203 [172 AD3d 1407]

May 29, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Francisco Martinez, Appellant.

Paul Skip Laisure, New York, NY (Kathleen Whooley of counsel), for appellant.

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

Appeals by the defendant from two judgments of the Supreme Court, Kings County (John T. Hecht, J.), both rendered June 23, 2016, convicting him of assault in the third degree under superior court information No. 817/16, and petit larceny under superior court information No. 5251/16, upon his pleas of guilty, and imposing sentences. 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 judgments are 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 appeals. Counsel’s application for leave to withdraw as counsel is, therefore, granted ( see id. ; People v Murray , 169 AD3d 227 [2019]; People v Singleton , 129 AD3d 871 [2015]; 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]). Rivera, J.P., Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur..