The People, etc., respondent, v. Bradley Dieffenbacher, appellant.

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

The People, etc., respondent, v. Bradley Dieffenbacher, appellant.

2009–06557 (Ind.No. 828/08)

Decided: June 20, 2012

PETER B. SKELOS, J.P. THOMAS A. DICKERSON L. PRISCILLA HALL SHERI S. ROMAN JEFFREY A. COHEN, JJ. Lynn W.L. Fahey, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Kristin M. Helmers of counsel), for respondent. Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Wong, J.), rendered June 16, 2009, 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 conviction of attempted use of a child in sexual performance.   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—May 23, 2012


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).



Aprilanne Agostino

Clerk of the Court

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