People v. Moody — 156 A.D.3d 727

Majority

p. 727

The People of the State of New York, Respondent, v Brian Moody, Appellant.

[64 NYS3d 904]

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered July 25, 2016, convicting him of criminal possession of a controlled substance in the third 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 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 nonffivolous issues which

p. 728

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]).

Rivera, J.R, Austin, Roman, Hinds-Radix and Connolly, JJ., concur.

Cases cited

Anders v. California 386 US 738 SCOTUS 1967-05-08 p. 727
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