Supreme Court, Appellate Division, Second Department, New York.
The People, etc., respondent, v. Raul Torres, appellant.
2010–11425 (Ind.No. 1254/09)
Decided: June 20, 2012
PETER B. SKELOS, J.P. RUTH C. BALKIN JOHN M. LEVENTHAL SHERI S. ROMAN, JJ.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent. Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered February 4, 2010, convicting him of criminal sexual act in the first degree, 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—May 11, 2012
DECISION & ORDER
ORDERED that the judgment is 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).
SKELOS, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.
Clerk of the Court