People v Oquendo, 2021 NY Slip Op 08252 [192 AD3d 917]

March 17, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Eric Oquendo, Appellant.

Joseph A. Hanshe, Sayville, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Guy Arcidiacono of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Martin I. Efman, J., at plea; Philip Goglas, J., at sentence), rendered May 6, 2019, convicting him of criminal possession of a controlled substance in the third degree, criminally using drug paraphernalia in the second degree (two counts), and criminal possession of a controlled substance in the seventh degree (three counts), 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, 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]). Chambers, J.P., Miller, Duffy, LaSalle and Wooten, JJ., concur..