People v. Dinizo , 145 A.D.3d 915 ( 2016 )

People v Leon (2016 NY Slip Op 08543)

People v Leon

2016 NY Slip Op 08543

Decided on December 21, 2016

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 December 21, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.

2014-02392
(Ind. No. 12-00817)

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

v

Flavio Patricio Leon, appellant.

Thomas R. Villecco, Jericho, NY, for appellant.

James A. McCarty, Acting District Attorney, White Plains, NY (Adrian Murphy and Jennifer Spencer of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered June 11, 2013, convicting him of course of sexual conduct against a child in the first degree and course of sexual conduct against a child in the second degree (two counts), upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738), 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), 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).

RIVERA, J.P., DICKERSON, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court