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People v. Piamonte

Supreme Court of New York, Second Department

October 16, 2013

The People of the State of New York, respondent,
v.
Daniel Piamonte, appellant. Index No. 11-00601

Daniel V. Remer, Ossining, N.Y., for appellant.

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

DANIEL D. ANGIOLILLO, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, JEFFREY A. COHEN, JJ.

DECISION & ORDER

Appeal by the defendant from an amended judgment of the Supreme Court, Westchester County (Lorenzo, J.), rendered May 16, 2012, revoking a sentence of probation previously imposed by the same court (Hubert, J.), upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal sale of a controlled substance in the third degree. 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 amended 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 the 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).

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


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