The People, etc., respondent, v. James Lewis, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. James Lewis, appellant.

2009–05149 (Ind.No. 212 /08)

Decided: November 22, 2011

MARK C. DILLON, J.P. RUTH C. BALKIN JOHN M. LEVENTHAL ARIEL E. BELEN, JJ.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent. Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini, J.), rendered May 28, 2009, convicting him of identity theft in the first degree (two counts), upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738), in which she moves for leave to withdraw as counsel for the appellant.

Submitted—November 1, 2011

DECISION & ORDER

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 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

DILLON, J.P., BALKIN, LEVENTHAL and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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