People v Perez

People v Perez 2013 NY Slip Op 05230 Decided on July 10, 2013 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 July 10, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2011-06949
2011-02251
(Ind. No. 09-00605, S.C.I. No. 439S-10)

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

v

Edgardo Perez, appellant. Michele Marte-Indzonka, Newburgh, N.Y., for appellant.




Francis D. Phillips II, District Attorney, Middletown, N.Y.
(Andrew R. Kass of counsel), for respondent.


DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Orange County (De Rosa, J.), both rendered February 28, 2011, convicting him of gang assault in the first degree under Indictment No. 09-00605, and attempted assault in the second degree under Superior Court Information No. 439S-10, upon his pleas of guilty, and imposing sentences. 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 judgments 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).
DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court