People v. Vosper

2017 NY Slip Op 9181, 156 A.D.3d 902, 65 N.Y.S.3d 768

Opinion

Appeal by the defendant from an order of the Supreme Court, Queens County (Kohm, J.), dated November 6, 2015, which, without a hearing, denied his motion for resentencing pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the second degree, which sentence was originally imposed, after a nonjury trial, on January 9, 1986. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that the order 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 appeal. Counsel’s application for leave to withdraw as counsel is, therefore, granted (see id.; 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]).

Mastro, J.P., Hall, Cohen and Iannacci, JJ., concur.