People v. Chavez

Decision Date06 June 2012
Citation945 N.Y.S.2d 571,2012 N.Y. Slip Op. 04357,96 A.D.3d 775
PartiesThe PEOPLE, etc., respondent, v. Jose CHAVEZ, appellant.
CourtNew York Supreme Court — Appellate Division

96 A.D.3d 775
945 N.Y.S.2d 571
2012 N.Y. Slip Op. 04357

The PEOPLE, etc., respondent,
v.
Jose CHAVEZ, appellant.

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

June 6, 2012.


Keith O'Halloran, Westhampton, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.


[96 A.D.3d 775]Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered February 14, 2011, convicting him of robbery in the third degree and grand larceny in the fourth 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 he moves for leave to withdraw as counsel for the appellant.

[96 A.D.3d 776]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;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).

DILLON, J.P., BALKIN, BELEN and AUSTIN, JJ., concur.

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