People v. Chacha

• Decision Date: 11 December 2013
• Citation: 976 N.Y.S.2d 230,112 A.D.3d 746,2013 N.Y. Slip Op. 08274
• Parties: The PEOPLE, etc., respondent, v. Angel Pulla CHACHA, appellant.
• Court: New York Supreme Court — Appellate Division

112 A.D.3d 746
976 N.Y.S.2d 230
2013 N.Y. Slip Op. 08274

The PEOPLE, etc., respondent,
v.
Angel Pulla CHACHA, appellant.

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

Dec. 11, 2013.

Lynn W.L. Fahey, New York, N.Y., for appellant.

[976 N.Y.S.2d 231]

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Applebaum of counsel; Gregory Musso on the brief), for respondent.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT, and LEONARD B. AUSTIN, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jeong, J.), rendered February 28, 2012, as amended December 3, 2012, convicting him of aggravated unlicensed operation of a motor vehicle in the first 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 to be relieved of the assignment to prosecute this appeal.

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 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).