People v. Abdul

• Decision Date: 30 January 2013
• Parties: The PEOPLE, etc., respondent, v. Khairual ABDUL, appellant.
• Court: New York Supreme Court — Appellate Division

102 A.D.3d 976
958 N.Y.S.2d 605
2013 N.Y. Slip Op. 00497

The PEOPLE, etc., respondent,
v.
Khairual ABDUL, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 30, 2013.

Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

[102 A.D.3d 976]Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Hinrichs, J.), rendered June 22, 2011, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the motion of Robert C. Mitchell for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,

ORDERED that Steven A. Feldman, Esq., 626 RXR Plaza, West Tower, 6th Floor, Uniondale, N.Y., 11556, is assigned as counsel to perfect the appeal; and it is further,

ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the new assigned counsel; and it is further,

ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.

The brief submitted by assigned counsel on behalf of the appellant merely recites

[958 N.Y.S.2d 606]

the underlying facts, and states a bare conclusion that, after reviewing the record, it is counsel's opinion that there are no nonfrivolous issues to be raised on appeal ( see Matter of Giovanni S. [ Jasmin A.], 89 A.D.3d 252, 258, 931 N.Y.S.2d 676;see People v. Foster, 90 A.D.3d 1070, 1071, 934 N.Y.S.2d 865). As such, the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his ......