People v. Calinda, 2013-08770

• Decision Date: 24 June 2015
• Docket Number: 2013-08770
• Citation: 10 N.Y.S.3d 644,129 A.D.3d 1100,2015 N.Y. Slip Op. 05493
• Parties: The PEOPLE, etc., respondent, v. Eric CALINDA, appellant.
• Court: New York Supreme Court — Appellate Division

129 A.D.3d 1100

10 N.Y.S.3d 644

2015 N.Y. Slip Op. 05493

The PEOPLE, etc., respondent

v.Eric CALINDA, appellant.

2013-08770

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

June 24, 2015.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jeanette Lifschitz of counsel; Deanna Russo on the brief), for respondent.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and JOSEPH J. MALTESE, JJ.

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered August 6, 2013, convicting him of attempted robbery 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 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which she moves for leave to withdraw as counsel for the appellant.

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 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 ).