People v. Evans — 140 A.D.3d 899

Majority

p. 899

The People of the State of New York, Respondent, v Marcus Evans, Also Known as Tyrese Brown, Appellant.

[31 NYS3d 899]

Appeal by the defendant from an order of the County Court, Orange County (Berry, J.), dated August 7, 2014, which denied his motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643) on his conviction of criminal possession of a controlled substance in the second degree, which sentence was originally imposed, upon his plea of guilty, on July 18, 2002. 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 order is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to Anders v California

p. 900

( 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., Balkin, Hinds-Radix and Connolly, JJ., concur.

Cases cited

Anders v. California 386 US 738 SCOTUS 1967-05-08 p. 899, p. 900
In re Giovanni S. 89 AD3d 252 N.Y. App. Div. 2011-11-01 p. 900
People v. Gonzalez 47 NY2d 606 N.Y. 1979-07-10 p. 900