People v Bentley
2012 NY Slip Op 00971 [92 AD3d 686]
February 7, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


The People of the State of New York, Respondent,
v
Garfield Bentley, Appellant.

[*1] Gary E. Eisenberg, New City, N.Y., for appellant.

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

Appeals by the defendant from (1) a judgment of the County Court, Orange County (De Rosa, J.), rendered June 22, 2009, convicting him of criminal sale of a controlled substance in or near school grounds under indictment No. 08-00050, upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also rendered June 22, 2009, convicting him of coercion in the first degree under indictment No. 08-00817, 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 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 US 738 [1967]), 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 US 738 [1967]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Angiolillo, J.P., Florio, Chambers and Hall, JJ., concur.