People v. Marzocco — 118 A.D.3d 727

Majority

p. 727

The People of the State of New York, Respondent, v Robert Marzocco, Appellant.

[986 NYS2d 355]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered December 10, 2012, convicting him of assault in the third degree and obstructing governmental administration 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

p. 728

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]).

Mastro, J.E, Hall, Lott, Austin and Duffy, JJ., concur.

Cases cited

Anders v. California 386 US 738 SCOTUS 1967-05-08 p. 727, p. 728
In re Giovanni S. 89 AD3d 252 N.Y. App. Div. 2011-11-01 p. 728
People v. Gonzalez 47 NY2d 606 N.Y. 1979-07-10 p. 728