| People v Umanzor |
| 2011 NY Slip Op 02431 [82 AD3d 1135] |
| March 22, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jimmy L. Umanzor, Appellant. |
—[*1]
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for
respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered December 14, 2009, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.
Ordered that the judgment is affirmed.
We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Skelos, J.P., Covello, Eng, Chambers and Sgroi, JJ., concur.
[Recalled and vacated, see 2011 NY Slip Op 75396(U).]