People v. Bowen, 2019–02732

CourtNew York Supreme Court Appellate Division
Citation192 A.D.3d 905,140 N.Y.S.3d 746 (Mem)
Docket Number2019–02732,S.C.I. No. 1530/18
Parties The PEOPLE, etc., respondent, v. Michael BOWEN, appellant.
Decision Date17 March 2021

192 A.D.3d 905
140 N.Y.S.3d 746 (Mem)

The PEOPLE, etc., respondent,
v.
Michael BOWEN, appellant.

2019–02732
S.C.I. No. 1530/18

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

Submitted—February 24, 2021
March 17, 2021


Joseph A. Hanshe, Sayville, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (William J. Condon, J.), rendered November 1, 2018, convicting him of attempted burglary in the second 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 Joseph A. Hanshe 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 Richard L. Herzfeld, 112 Madison Avenue, 8th Floor, New York, NY, 10016, 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 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 July 23, 2019, the appellant was granted leave to prosecute the appeal as a poor person, with the

140 N.Y.S.3d 747

appeal to be heard on the original papers (including a certified transcript of the proceedings) and on the briefs of the parties. The parties are directed to file one original and five duplicate hard copies, and one digital copy, of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9 [a][4]; [c][1]).

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4 practice notes
  • People v. Gray, 2018–04241
    • United States
    • New York Supreme Court Appellate Division
    • March 17, 2021
    ...issues that could be raised on appeal, the court must assign new counsel to pursue an appeal on the defendant's behalf (see id. ).140 N.Y.S.3d 746 Here, the brief submitted by the defendant's counsel pursuant to Anders v. California is deficient because it fails to adequately analyze potent......
  • People v. Wolfe, 2017-12245
    • United States
    • United States State Supreme Court (New York)
    • October 13, 2021
    ...filing a deficient brief, on this basis alone, new counsel will be assigned to represent the appellant on the appeal'" (People v Bowen, 192 A.D.3d 905, 906, quoting Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258). Here, the brief submitted by the appellant's assigned counsel pursuant t......
  • People v. Wolfe, 2017-12245
    • United States
    • New York Supreme Court Appellate Division
    • October 13, 2021
    ...a deficient brief, on this basis alone, new counsel will be assigned to represent the appellant on the appeal’ " ( People v. Bowen, 192 A.D.3d 905, 906, 140 N.Y.S.3d 746, quoting Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258, 931 N.Y.S.2d 676 ).Here, the brief submitted by the appella......
  • People v. Wolfe, 2021-05597
    • United States
    • United States State Supreme Court (New York)
    • October 13, 2021
    ...filing a deficient brief, on this basis alone, new counsel will be assigned to represent the appellant on the appeal'" (People v Bowen, 192 A.D.3d 905, 906, quoting Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258). Here, the brief submitted by the appellant's assigned counsel pursuant t......
4 cases
  • People v. Gray, 2018–04241
    • United States
    • New York Supreme Court Appellate Division
    • March 17, 2021
    ...issues that could be raised on appeal, the court must assign new counsel to pursue an appeal on the defendant's behalf (see id. ).140 N.Y.S.3d 746 Here, the brief submitted by the defendant's counsel pursuant to Anders v. California is deficient because it fails to adequately analyze potent......
  • People v. Wolfe, 2017-12245
    • United States
    • New York Supreme Court Appellate Division
    • October 13, 2021
    ...a deficient brief, on this basis alone, new counsel will be assigned to represent the appellant on the appeal’ " ( People v. Bowen, 192 A.D.3d 905, 906, 140 N.Y.S.3d 746, quoting Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258, 931 N.Y.S.2d 676 ).Here, the brief submitted by the appella......
  • People v. Wolfe, 2017-12245
    • United States
    • United States State Supreme Court (New York)
    • October 13, 2021
    ...filing a deficient brief, on this basis alone, new counsel will be assigned to represent the appellant on the appeal'" (People v Bowen, 192 A.D.3d 905, 906, quoting Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258). Here, the brief submitted by the appellant's assigned counsel pursuant t......
  • People v. Wolfe, 2021-05597
    • United States
    • United States State Supreme Court (New York)
    • October 13, 2021
    ...filing a deficient brief, on this basis alone, new counsel will be assigned to represent the appellant on the appeal'" (People v Bowen, 192 A.D.3d 905, 906, quoting Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258). Here, the brief submitted by the appellant's assigned counsel pursuant t......

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