People v Rousseau, 2024 NY Slip Op 01024 [224 AD3d 929]

February 28, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Joseph Rousseau, Appellant.

Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. Boyce of counsel; Miles Palminteri on the brief).

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Bruna L. DiBiase, J., at plea; David J. Kirschner, J., at sentence), rendered August 22, 2019, convicting him of attempted burglary in the third 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.

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., Miller, Ford and Love, JJ., concur..