People v. Kirschbaum

• Decision Date: 01 June 2016
• Citation: 2016 N.Y. Slip Op. 04236,30 N.Y.S.3d 914 (Mem),140 A.D.3d 790
• Parties: The PEOPLE, etc., respondent, v. George KIRSCHBAUM, appellant.
• Court: New York Supreme Court — Appellate Division

140 A.D.3d 790
30 N.Y.S.3d 914 (Mem)
2016 N.Y. Slip Op. 04236

The PEOPLE, etc., respondent,
v.
George KIRSCHBAUM, appellant.

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

June 1, 2016.

Lynn W.L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Yuliya Shyrokonis on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered September 9, 2014, convicting him of criminal possession of a controlled substance 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 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 id. ; 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 ).

RIVERA, J.P., DILLON, BALKIN and SGROI, JJ., concur.