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People v. Calicchio

105 A.D.3d 1055 Court N.Y. App. Div. Decision date 2013-04-24 English

Judges Angiolillo, J.E, Balkin, Austin and Miller, JJ., concur.

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p. 1055
The People of the State of New York, Respondent, v Anthony Calicchio, Appellant.
[963 NYS2d 594]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J., at plea; Mondo, J., at sentence), rendered April 7, 2011, convicting him of petit larceny, 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 Anders v California, 386 US 738 [1967]; 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]).

Angiolillo, J.E, Balkin, Austin and Miller, JJ., concur.

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