People v. Faulkner

• Citation: 2011 N.Y. Slip Op. 03876,923 N.Y.S.2d 331,84 A.D.3d 835
• Parties: The PEOPLE, etc., respondent,v.Kenneth FAULKNER, appellant.
• Decision Date: 03 May 2011
• Court: New York Supreme Court Appellate Division

84 A.D.3d 835

923 N.Y.S.2d 331

2011 N.Y. Slip Op. 03876

The PEOPLE, etc., respondent,

v.Kenneth FAULKNER, appellant.

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

May 3, 2011.

OPINION TEXT STARTS HERERobert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered January 26, 2010, convicting him of robbery in the first degree and assault 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 he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; *332 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).