Supreme Court, Appellate Division, Second Department, New York.
The People, etc., respondent, v. Jorge Hernandez, appellant.
2010–02041 (Ind.No. 1007/08)
Decided: November 22, 2011
WILLIAM F. MASTRO, J.P. RUTH C. BALKIN CHERYL E. CHAMBERS SANDRA L. SGROI, JJ.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Karen Wigle Weiss of counsel; Cory Tischbein on the brief), for respondent. Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered February 1, 2010, convicting him of petit larceny (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 9, 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).
MASTRO, J.P., BALKIN, CHAMBERS and SGROI, JJ., concur.
Matthew G. Kiernan
Clerk of the Court