People v Silva

People v Silva 2015 NY Slip Op 01726 Decided on February 26, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 26, 2015
Mazzarelli, J.P., Acosta, Saxe, Clark, Kapnick, JJ.
13638 3425/09

[*1] The People of the State of New York, Respondent,

v

Damian Silva, Defendant-Appellant.

Scott A. Rosenberg, The Legal Aid Society, New York (Eve Kessler of counsel) for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.

Judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered January 24, 2011, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him to a term of one to three years to be served concurrently with a term to which he was sentenced under a separate indictment, unanimously affirmed.

Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California , 386 US 738 [1967]; People v Saunders , 52 AD2d 833 [1st Dept.1976]). We have reviewed this record and agree with appellant's assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 26, 2015

CLERK