People v. Anderson

• Decision Date: 25 June 2014
• Citation: 987 N.Y.S.2d 857,118 A.D.3d 1016,2014 N.Y. Slip Op. 04780
• Parties: The PEOPLE, etc., respondent, v. Shawn ANDERSON, appellant.
• Court: New York Supreme Court — Appellate Division

118 A.D.3d 1016

987 N.Y.S.2d 857

2014 N.Y. Slip Op. 04780

The PEOPLE, etc., respondent,

v.Shawn ANDERSON, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 25, 2014.

Scott A. Rosenberg, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel; Robert Ho on the brief), for respondent.

Appeal by the defendant from an order of the Supreme Court, Kings County (Marrus, J.), entered April 13, 2012, which denied his motion for resentencing pursuant to CPL 440.46 on his conviction of conspiracy in the second degree, which sentence was originally imposed, upon his plea of guilty, on September 3, 2003. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he 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, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, 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 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493;Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676;People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399;cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987).

SKELOS, J.P., LEVENTHAL, COHEN, LaSALLE and BARROS, JJ., concur.