Appellate Division of the Supreme Court of the State of New York December 5, 2012 (People v. Duart)

*748If “after a conscientious examination of the record” assigned counsel finds a case to be “wholly frivolous,” counsel should “so advise the court and request permission to withdraw” (People v Saunders, 52 AD2d 833, 833 [1976]; see Anders v California, 386 US 738, 744 [1967]; People v Stokes, 95 NY2d 633, 637 [2001]).