People v. Smith

• Decision Date: 05 February 2014
• Citation: 979 N.Y.S.2d 407,2014 N.Y. Slip Op. 00694,114 A.D.3d 710
• Parties: The PEOPLE, etc., respondent, v. Patrice SMITH, appellant.
• Court: New York Supreme Court — Appellate Division

114 A.D.3d 710
979 N.Y.S.2d 407
2014 N.Y. Slip Op. 00694

The PEOPLE, etc., respondent,
v.
Patrice SMITH, appellant.

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

Feb. 5, 2014.

Lynn W.L. Fahey, New York, N.Y. (David G. Lowry of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed June 26, 2012, upon his conviction of robbery in the first degree (two counts), upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on October 30, 2002. 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 resentence 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 the 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).

SKELOS, J.P., LOTT, ROMAN and MILLER, JJ., concur.