People v. Barger
| Decision Date | 06 April 2010 |
| Citation | 72 A.D.3d 696,897 N.Y.S.2d 521 |
| Parties | The PEOPLE, etc., respondent, v. Ronald BARGER, appellant. |
| Court | New York Supreme Court — Appellate Division |
72 A.D.3d 696
The PEOPLE, etc., respondent,
v.
Ronald BARGER, appellant.
Supreme Court, Appellate Division, Second Department, New York.
April 6, 2010.
David R. Zagon, Fishkill, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss and Andrew R. Kass of counsel), for respondent.
PETER B. SKELOS, J.P., FRED T. SANTUCCI, DANIEL D. ANGIOLILLO, and CHERYL E. CHAMBERS, JJ.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered July 10, 2007, convicting him of driving while intoxicated, upon a jury verdict, 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 and moves to be relieved of the assignment to prosecute this appeal.
ORDERED that the motion is granted, David R. Zagon is relieved as counsel for the appellant, and is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
ORDERED that John Savoca, P.O. Box 531, Yorktown Heights, NY, 10598, is assigned as counsel to perfect the appeal from the judgment of conviction rendered July 10, 2007; and it is further,
ORDERED that the People are 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 and the People shall serve and file their brief within 120 days of the date of this decision and order; by prior decision and order on motion of this Court, the defendant 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.
If "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 A.D.2d 833, 833, 384 N.Y.S.2d 161; see Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493; People v. Stokes, 95 N.Y.2d 633, 637, 722 N.Y.S.2d 217, 744 N.E.2d 1153). "Such request should be accompanied by a brief reciting the underlying facts...
To continue reading
Request your trial
-
In the Matter of Giovanni S. (anonymous).Admin. For Children's Serv.
...to assess “the legal efficacy of the objection” ( id. at 610, 611, 419 N.Y.S.2d 913, 393 N.E.2d 987). Similarly, in People v. Barger (72 A.D.3d 696, 897 N.Y.S.2d 521), this Court held that counsel's Anders brief was deficient where it “contained no reference to pretrial proceedings, merely ......
-
People v. Poznanski
...Sanders, 91 A.D.3d 798, 799, 936 N.Y.S.2d 568;Matter of Giovanni S. [ Jasmin A.], 89 A.D.3d 252, 256, 931 N.Y.S.2d 676;People v. Barger, 72 A.D.3d 696, 697, 897 N.Y.S.2d 521). Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his ... client......
-
People v. Gonzalez
...Sanders, 91 A.D.3d 798, 799, 936 N.Y.S.2d 568;Matter of Giovanni S. [ Jasmin A.], 89 A.D.3d 252, 256, 931 N.Y.S.2d 676;People v. Barger, 72 A.D.3d 696, 697, 897 N.Y.S.2d 521). Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of ... her client......
-
People v. Jessamy
...Sanders, 91 A.D.3d 798, 799, 936 N.Y.S.2d 568;Matter of Giovanni S. [ Jasmin A. ], 89 A.D.3d 252, 256, 931 N.Y.S.2d 676;People v. Barger, 72 A.D.3d 696, 697, 897 N.Y.S.2d 521). Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his ... clien......