People v. Areizaga

• Decision Date: 27 October 2021
• Docket Number: 2019–10279,Ind. No. 18–00858
• Citation: 155 N.Y.S.3d 583,198 A.D.3d 981
• Parties: The PEOPLE, etc., respondent, v. Samuel AREIZAGA, appellant.
• Court: New York Supreme Court — Appellate Division

198 A.D.3d 981
155 N.Y.S.3d 583

The PEOPLE, etc., respondent,
v.
Samuel AREIZAGA, appellant.

2019–10279
Ind. No. 18–00858

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

Submitted—September 29, 2021
October 27, 2021

155 N.Y.S.3d 584

Jason M. Bernheimer, Valhalla, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco of counsel), for respondent (no brief filed).

MARK C. DILLON, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, DEBORAH A. DOWLING, JJ.

DECISION & ORDER ON MOTION

198 A.D.3d 981

Appeal by the defendant from a judgment of the County Court, Westchester County (Susan M. Capeci, J.), rendered June 26, 2019, convicting him of burglary in the third degree, upon his 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 Jason M. Bernheimer for leave to withdraw as counsel for the appellant 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 Thomas R. Villecco, 366 No. Broadway, Suite 410, Jericho, N.Y. 11753, 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

155 N.Y.S.3d 585

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 dated March 13, 2020, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be...