Majority
p. 970The People of the State of New York, Respondent, v Shelton Smith, Appellant. [61 NYS3d 920]
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Foley, J.), rendered April 25, 2016, convicting him of criminal possession of a controlled substance in the seventh 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 defendant.
Ordered that the judgment is affirmed.
We are satisfied with the sufficiency of the brief filed by the
p. 971
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., Barros, Connolly and Iannacci, JJ., concur.
Cases cited
- Anders v. California 386 US 738 p. 970, p. 971
- In re Giovanni S. 89 AD3d 252 p. 971
- People v. Gonzalez 47 NY2d 606 p. 971