The People, etc., respondent, v. Garfield Bentley, appellant.

Reset A A Font size: Print

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

The People, etc., respondent, v. Garfield Bentley, appellant.

2009–06289 2009–06293 (Ind.Nos. 08–00050, 08–00817)

Decided: February 07, 2012

DANIEL D. ANGIOLILLO, J.P. ANITA R. FLORIO CHERYL E. CHAMBERS L. PRISCILLA HALL, JJ. Gary E. Eisenberg, New City, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent. Appeals by the defendant from (1) a judgment of the County Court, Orange County (De Rosa, J.), rendered June 22, 2009, convicting him of criminal sale of a controlled substance in or near school grounds under Indictment No. 08–00050, upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also rendered June 22, 2009, convicting him of coercion in the first degree under Indictment No. 08–00817, 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 he moves for leave to withdraw as counsel for the appellant.

Submitted—January 5, 2012

DECISION & ORDER

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 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;  Matter of Giovanni S. [Jasmin A.], 89 AD3d 252;  People v. Paige, 54 A.D.2d 631;  cf.  People v. Gonzalez, 47 N.Y.2d 606).

ANGIOLILLO, J.P., FLORIO, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Copied to clipboard