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People v. Delossantos

Supreme Court of New York, Second Department

October 2, 2013

The People of the State of New York, respondent,
v.
Jeffrey Delossantos, appellant. Ind. No. 12-00598

Richard L. Herzfeld, New York, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Lorenzo, J.), rendered September 18, 2012, convicting him of attempted identity theft 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 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 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).

SKELOS, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.


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