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People v. Fairweather

Supreme Court of New York, Second Department

May 22, 2013

The People of the State of New York, respondent,
v.
Clifton Fairweather, appellant. (Ind. No. 1089/06)

Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Deborah E. Wassel of counsel; Jonathan V. Brewer on the brief), for respondent.

PETER B. SKELOS, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered December 14, 2010, convicting him of attempted assault in the first degree, 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 she moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We are satisfied with the sufficiency of defense counsel's brief filed pursuant to Anders v California (386 U.S. 738), and we have also reviewed the defendant's pro se supplemental brief. 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 A.D.3d 252; People v Paige, 54 A.D.2d 631; cf. People v Gonzalez, 47 N.Y.2d 606).

SKELOS, J.P., HALL, LOTT and HINDS-RADIX, JJ., concur.


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