People v Quiles

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People v Quiles 2012 NY Slip Op 08042 Decided on November 21, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
2009-09028
2010-11082
(Ind. No. 787/06)

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

v

Robert Quiles, appellant.




Steven Banks, New York, N.Y. (Laura Boyd of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Seth M. Lieberman of
counsel; Robert Ho on the brief), for
respondent.


DECISION & ORDER

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Parker, J.), rendered September 1, 2009, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence, and (2) a resentence of the same court imposed October 27, 2010. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment and the resentence are affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 US 738), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on the appeals. Counsel's application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).
RIVERA, J.P., FLORIO, DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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