People of State of New York, respondent, v. Omar C. Richards, appellant.

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

People of State of New York, respondent, v. Omar C. Richards, appellant.

2012–06562

-- December 11, 2013

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO SHERI S. ROMAN SANDRA L. SGROI, JJ. Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel;  Robert Ho on the brief), for respondent. Appeal by the defendant from an order of the Supreme Court, Kings County (Firetog, J.), dated July 9, 2012, which, after a hearing, designated him a level one sexually violent offender pursuant to Correction Law article 6–C. 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 15, 2013

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v. California (386 U.S. 738), 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 Anders v. California, 386 U.S. 738;  People v. Feivish, 105 AD3d 724;  Matter of Giovanni S. [Jasmin A.], 89 AD3d 252;  cf.  People v. Gonzalez, 47 N.Y.2d 606).

DILLON, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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