114 A.D.3d 710 979 N.Y.S.2d 407

The People of the State of New York, Respondent, v Patrice Smith, Appellant.

[979 NYS2d 407]

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed June 26, 2012, upon his conviction of robbery in the first degree (two counts), upon a jury verdict, the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on October 30, 2002. 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 resentence 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]). Skelos, J.E, Lott, Roman and Miller, JJ., concur.

People v. Smith
114 A.D.3d 710 979 N.Y.S.2d 407

Case Details

Name
People v. Smith
Decision Date
Feb 5, 2014
Citations

114 A.D.3d 710

979 N.Y.S.2d 407

Jurisdiction
New York

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