People v. James , 16 N.Y.S.3d 468 ( 2015 )


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  • People v James (2015 NY Slip Op 06828)
    People v James
    2015 NY Slip Op 06828
    Decided on September 16, 2015
    Appellate Division, Second Department
    Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
    This opinion is uncorrected and subject to revision before publication in the Official Reports.


    Decided on September 16, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
    MARK C. DILLON, J.P.
    CHERYL E. CHAMBERS
    LEONARD B. AUSTIN
    SANDRA L. SGROI, JJ.

    2013-04395
    (Ind. No. 12-00941)

    [*1]The People of the State of New York, respondent,

    v

    Alvern James, appellant.




    Ron J. Ritz, Shrub Oak, N.Y., for appellant.

    Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Laurie G. Sapakoff of counsel), for respondent.



    DECISION & ORDER

    Appeal by the defendant from a judgment of the County Court, Westchester County (Daly, J.), rendered March 4, 2013, convicting him of criminal sale of a firearm in the first degree and conspiracy in the fourth 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 for leave 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 assigned counsel pursuant to Anders v California (386 US 738). 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; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606; People v Sedita, 113 AD3d 638).

    DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

    ENTER:

    Aprilanne Agostino

    Clerk of the Court



Document Info

Docket Number: 2013-04395

Citation Numbers: 131 A.D.3d 1068, 16 N.Y.S.3d 468

Filed Date: 9/16/2015

Precedential Status: Precedential

Modified Date: 1/12/2023