People v. Sherwood

159 A.D.3d 837

69 N.Y.S.3d 816 (Mem)

The PEOPLE, etc., respondent,

v.Arthur W. SHERWOOD, appellant.

2016–08040

Ind.No. 15–00300

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

Submitted—February 7, 2018

March 14, 2018

Richard L. Herzfeld, P.C., New York, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (Nicholas D. Mangold of counsel), for respondent.

REINALDO E. RIVERA, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered June 23, 2016, convicting him of grand larceny in the third degree, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.

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, 87 S.Ct. 1396, 18 L.Ed.2d 493, 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 id. ; Matter of Giovanni S. [Jasmin A.] , 89 A.D.3d 252, 931 N.Y.S.2d 676 ; People v. Paige , 54 A.D.2d 631, 387 N.Y.S.2d 399 ; cf. People v. Gonzalez , 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987 ).

RIVERA, J.P., MILLER, DUFFY and LASALLE, JJ., concur.