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People v. Perez

Supreme Court of New York, Second Department

July 10, 2013

The People of the State of New York, respondent,
v.
Edgardo Perez, appellant. (Ind. No. 09-00605, S.C.I. No. 439S-10)

Francis D. Phillips II, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel), for respondent.

Michele Marte-Indzonka, Newburgh, N.Y., for appellant

MARK C. DILLON, J.P., L. PRISCILLA HALL, SHERI S. ROMAN JEFFREY A. COHEN, JJ.

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Orange County (De Rosa, J.), both rendered February 28, 2011, convicting him of gang assault in the first degree under Indictment No. 09-00605, and attempted assault in the second degree under Superior Court Information No. 439S-10, upon his pleas of guilty, and imposing sentences. 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 judgments are 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 the appeals. Counsel's application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 U.S. 738; 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).

DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.


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