People v. Waters

2025 NY Slip Op 01242
Appellate Division of the Supreme Court of the State of New York·Decided March 5, 2025·No. Ind. No. 70792/23·Published

Opinion

People v Waters (2025 NY Slip Op 01242)
People v Waters
2025 NY Slip Op 01242
Decided on March 5, 2025
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on March 5, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
LILLIAN WAN
PHILLIP HOM, JJ.

2023-03614
(Ind. No. 70792/23)

[*1]The People of the State of New York, respondent,

v

Darryl Waters, appellant.


Patricia Pazner, New York, NY (Elisabeth R. Calcaterra of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew Sciarrino, Jr., J.), rendered March 15, 2023, convicting him of petit larceny, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which she 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 US 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 id.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

CHAMBERS, J.P., MILLER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court



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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
People v. Gonzalez
393 N.E.2d 987 (New York Court of Appeals, 1979)
People v. Paige
54 A.D.2d 631 (Appellate Division of the Supreme Court of New York, 1976)
In re Giovanni S.
89 A.D.3d 252 (Appellate Division of the Supreme Court of New York, 2011)