People v Rivera, 2018 NY Slip Op 08038 [166 AD3d 908]

November 21, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Carlos Rivera, Appellant.

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Ruby D. Andrade on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (William Miller, J., at plea; Matthew A. Sciarrino, Jr., J., at sentence), rendered September 9, 2016, convicting him of attempted burglary 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]). 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]). Balkin, J.P., Sgroi, Barros and Christopher, JJ., concur..