People v Benavdes

People v Benavdes 2011 NY Slip Op 09663 Decided on December 27, 2011 Appellate Division, Second 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 December 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
RANDALL T. ENG
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
2010-02463
(Ind. No. 2145/08)

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

v

Gerson Benavdes, appellant. Lynn W. L. Fahey, New York, N.Y., for appellant, and appellant pro se.




Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M.
Castellano, Jeanette Lifschitz, and Tina Grillo of counsel; Raj
Lapsiwala on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Grosso, J.), rendered February 17, 2010, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which she moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

The defendant has not raised, nor could he have raised, any nonfrivolous issues in his pro se supplemental brief.
RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court