The People, etc., respondent, v. Franklin X. Gallimore, appellant.

Reset A A Font size: Print

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

The People, etc., respondent, v. Franklin X. Gallimore, appellant.

2010–10719 (Ind.No. 3401/08)

Decided: June 20, 2012

DANIEL D. ANGIOLILLO, J.P. ANITA R. FLORIO JOHN M. LEVENTHAL PLUMMER E. LOTT, 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 an amended judgment of the County Court, Suffolk County (Braslow, J.), rendered September 13, 2010, revoking a sentence of probation previously imposed by the same court upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous adjudication as a youthful offender for attempted arson in the third degree.   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 23, 2012

DECISION & ORDER

ORDERED that the amended 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).

ANGIOLILLO, J.P., FLORIO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Copied to clipboard