People v Morris, 2020 NY Slip Op 05778 [187 AD3d 938]
October 14, 2020
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Anthony Morris, Appellant.
Mary Zugibe Raleigh, Warwick, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (William L. Deprospo, J.), rendered June 4, 2019, convicting him of grand larceny in the fourth 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.
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 Warney , 186 AD3d 1273 [2d Dept 2020]; People v Murray , 169 AD3d 227 , 233 [2019]). Moreover, upon an independent review of the record, we conclude that there are no nonfrivolous issues that could be raised on appeal ( see People v Murray , 169 AD3d at 233). Accordingly, counsel’s application for leave to withdraw as counsel is granted ( see Anders v California , 386 US at 744; People v Murray , 169 AD3d at 235). Balkin, J.P., Chambers, Cohen, Connolly and Wooten, JJ., concur..