People v Singleton, 2023 NY Slip Op 00885 [213 AD3d 870]

February 15, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Aaron Singleton, Appellant.

Steven N. Feinman, White Plains, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (John Carmody of counsel), for respondent (no brief filed).

Appeal by the defendant, by permission, from an order of the Supreme Court, Westchester County (Barry E. Warhit, J.), dated November 30, 2020, which denied, without a hearing, his motion, in effect, pursuant to CPL 440.10 to vacate a judgment of the same court (Richard A. Molea, J.) rendered February 9, 2012, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence, and pursuant to CPL 440.20 to set aside the 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 order 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]). Dillon, J.P., Christopher, Ford and Taylor, JJ., concur..