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People v. Picart

156 A.D.3d 905 Court N.Y. App. Div. Decision date 2017-12-27 English

Judges Mastro, J.P., Hall, Cohen and Iannacci, JJ., concur.

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p. 905
The People of the State of New York, Respondent, v Carlos Picart, Appellant.
[65 NYS3d 745]

Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Riviezzo, J.), rendered April 22, 2016, as amended April 27, 2016, convicting him of assault 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 appellant.

p. 906
Ordered that the judgment, as amended, 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 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]).

Mastro, J.P., Hall, Cohen and Iannacci, JJ., concur.

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