Peoplev.Rizzo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentJun 12, 2019
2019 N.Y. Slip Op. 4728 (N.Y. App. Div. 2019)

2017-12240

06-12-2019

The People of the State of New York, respondent, v. Paul D. Rizzo, appellant.

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan Yi of counsel), for respondent.


LEONARD B. AUSTIN SHERI S. ROMAN JOSEPH J. MALTESE LINDA CHRISTOPHER, JJ. (S.C.I. No. 1505/17)

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan Yi of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Suzanne J. Melendez, J.), rendered September 26, 2017, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which he moves 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 counsel pursuant to Anders v California (386 US 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 id.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

DILLON, J.P., AUSTIN, ROMAN, MASTRO and CHRISTOPHER, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court