People v. Fuqua

Appellate Division of the Supreme Court of New York

People v. Fuqua

133 A.D.3d 684, 18 N.Y.S.3d 875

Appellate Division of the Supreme Court of the State of New York·Decided November 12, 2015·No. 2013-08195·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered July 12, 2013, convicting him of course of sexual conduct against a child in the second degree and criminal contempt in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]) in which he moves to be relieved of the assignment to prosecute this appeal.

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 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on the appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738 [1967]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Rivera, J.P., Dickerson, Maltese and LaSalle, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered July 12, 2013, convicting him of course of sexual conduct against a child in the second degree and criminal contempt in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]) in which he moves to be relieved of the assignment to prosecute this appeal.

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 US 738 [1967]), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on the appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738 [1967]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Rivera, J.P., Dickerson, Maltese and LaSalle, JJ., concur.

People v. Fuqua, 133 A.D.3d 684, 18 N.Y.S.3d 875 (N.Y. Ct. App. 2015).

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Opinion

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