16-315. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JOSHUA GONZALEZ, def-app — Judgment of conviction (Steven M. Statsinger, J.), rendered February 1, 2016, affirmed.Application by appellant’s counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 [1967]; People v. Saunders, 52 AD2d 833 [1976]). We are satisfied with the sufficiency of the brief filed by defendant’s assigned counsel pursuant to Anders, and, upon an independent review of the record, agree that there is no valid appealable issue that could be raised on appeal.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.January 8, 201816-429. THE PEOPLE OF THE STATE OF NEW YORK, res, v. KYLE GRENINGER, def-app — Judgment of conviction (Kevin B. McGrath, J.) rendered, January 3, 2016, held in abeyance, the motion by assigned counsel to be relieved denied without prejudice to renewal, and counsel directed to confirm that defendant was furnished with a copy of appellate counsel’s brief in accordance with People v. Saunders, 52 AD2d 833, 833-834 (1976), and advise defendant that he has 60 days from the date of this order to file a pro se supplemental brief if he so chooses.In partial compliance with Saunders, counsel has submitted a brief advising this Court that there are no nonfrivolous issues to be raised. However, we hold the matter in abeyance pending proof that defendant was sent a copy of counsel’s brief (see People v. Cruz, 122 AD3d 487 [2014]) and that he has been informed that he has a right to file a pro se brief if he so chooses (see People v. Henriquez, 131 AD3d 902 [2015]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.January 8, 201816-382. THE PEOPLE OF THE STATE OF NEW YORK, res, v. PATRICK IZIDRO DE SOUZA, def-app — Judgment of conviction (Richard Ross, J.H.O), rendered April 12, 2016, reversed, on the law, accusatory instrument dismissed, fine and surcharge, if paid, remitted.As the People concede, defendant’s conviction must be vacated since the plea record lacks the requisite “affirmative showing” that defendant understood and waived his Boykin rights (see Boykin v. Alabama, 395 US 238, 242 [1969]; People v. Tyrell, 22 NY3d 359, 365 [2013]). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in this particular case (cf. People v. Conceicao, 26 NY3d 375, 385 n 1 [2015]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.January 8, 201816-400. THE PEOPLE OF THE STATE OF NEW YORK, res, v. LEROY OWENS, def-app — Judgment of conviction (Abena Darkeh, J.), rendered January 21, 2016, affirmed.The accusatory instrument was not jurisdictionally defective. It charged all the elements of criminal possession of a controlled substance in the seventh degree (see Penal Law §220.03), and set forth sufficient factual allegations to show the basis for the arresting officer’s conclusion that the substance at issue was a controlled substance. The instrument recited that police recovered a “pipe containing crack/cocaine residue from defendant’s left hand,” and that the officer believed the substance to be crack/cocaine “based upon [his] professional training as a police officer in the identification of drugs, [his] prior experience as a police officer making drug arrests, and [his] observation of the item, which is characteristic of crack/cocaine” (see People v. Smalls, 26 NY3d 1064 [2015]; People v. Kalin, 12 NY3d 225 [2009]; People v. Pearson, 78 AD3d 445 [2010], lv denied 16 NY3d 799 [2011]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.January 8, 201816-030. THE PEOPLE OF THE STATE OF NEW YORK, res, v. MATTHEW PINE, def-app — Judgment of conviction (John Cataldo, J.H.O), rendered August 19, 2015, reversed, on the law, accusatory instrument dismissed, fine and surcharge, if paid, remitted.As the People concede, defendant’s conviction must be vacated since the plea record lacks the requisite “affirmative showing” that defendant understood and waived his Boykin rights (see Boykin v. Alabama, 395 US 238, 242 [1969]; People v. Tyrell, 22 NY3d 359, 365 [2013]). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in this particular case (cf. People v. Conceicao, 26 NY3d 375, 385 n 1 [2015]).In view of the foregoing, we reach no other issue.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.January 8, 201815-214. THE PEOPLE OF THE STATE OF NEW YORK, res, v. WINSTON WALKER, def-app — Judgment of conviction (John Cataldo, J.H.O), rendered January 14, 2015, reversed, on the law, accusatory instrument dismissed, fine and surcharge, if paid, remitted.As the People concede, defendant’s conviction must be vacated since the plea record lacks the requisite “affirmative showing” that defendant understood and waived his Boykin rights (see Boykin v. Alabama, 395 US 238, 242 [1969]; People v. Tyrell, 22 NY3d 359, 365 [2013]). The People also agree that dismissal of the accusatory instrument is the appropriate corrective action in this particular case (cf. People v. Conceicao, 26 NY3d 375, 385 n 1 [2015]).In view of the foregoing, we reach no other issue.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.January 8, 2018
