People v Curry (Ernest)

[*1] People v Curry (Ernest) 2015 NY Slip Op 50815(U) Decided on May 19, 2015 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 19, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., TOLBERT and GARGUILO, JJ.
2013-386 N CR

The People of the State of New York, Respondent,

against

Ernest Curry, Appellant.

Appeal from a judgment of the District Court of Nassau County, First District (Gary F. Knobel, J., at plea; Scott Fairgrieve, J., at sentence), rendered December 21, 2012. The judgment convicted defendant, upon his plea of guilty, of menacing in the second degree. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he seeks leave to withdraw as counsel.

ORDERED that the judgment of conviction is affirmed.

We are satisfied with the sufficiency of the brief filed by defendant's assigned counsel pursuant to Anders v California (386 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Iannacci, J.P., Tolbert and Garguilo, JJ., concur.

Decision Date: May 19, 2015