People v. Madrigal

• Decision Date: 06 March 2012
• Citation: 939 N.Y.S.2d 714,93 A.D.3d 651,2012 N.Y. Slip Op. 01663
• Parties: PEOPLE of State of New York, respondent, v. Georvie A. MADRIGAL, appellant.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 01663

93 A.D.3d 651

939 N.Y.S.2d 714

PEOPLE of State of New York, respondent,

v.Georvie A. MADRIGAL, appellant.

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

March 6, 2012.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

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

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated January 20, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C. 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 defendant.

ORDERED that the order is affirmed, without costs or disbursements.

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 ( id.; see 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.