People v. Napoli

• Decision Date: 19 August 2020
• Docket Number: 2017–0099,Ind.No. 16–00303
• Parties: The PEOPLE, etc., respondent, v. Anthony G. NAPOLI, appellant.
• Court: New York Supreme Court — Appellate Division

186 A.D.3d 748

127 N.Y.S.3d 292 (Mem)

The PEOPLE, etc., respondent,

v.Anthony G. NAPOLI, appellant.

2017–0099

Ind.No. 16–00303

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

Submitted—March 24, 2020

August 19, 2020

Alex Smith, Middletown, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.

MARK C. DILLON, J.P., JOSEPH J. MALTESE, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County ( Craig Steven Brown, J.), rendered December 13, 2016, convicting him of aggravated family offense, 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 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 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 ).

DILLON, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.