People v Penate, 2023 NY Slip Op 05407 [220 AD3d 952]

October 25, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Selvin Penate, Appellant.

Thomas J. Butler, Melville, NY, for appellant.

Anne T. Donnelly, District Attorney, Mineola, NY (Cristin N. Connell of counsel; Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Robert A. McDonald, J., at plea; Robert G. Bogle, J., at sentence), rendered April 28, 2021, convicting him of forcible touching and criminal contempt in the second 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 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]). Duffy, J.P., Christopher, Wan and Landicino, JJ., concur..