People v. Brown

• Decision Date: 23 November 2022
• Docket Number: 2021–04344,Ind. No. 307/20
• Citation: 210 A.D.3d 1001,178 N.Y.S.3d 771
• Parties: The PEOPLE, etc., respondent, v. Tracey BROWN, appellant.
• Court: New York Supreme Court — Appellate Division

210 A.D.3d 1001
178 N.Y.S.3d 771

The PEOPLE, etc., respondent,
v.
Tracey BROWN, appellant.

2021–04344
Ind. No. 307/20

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

Submitted—October 26, 2022
November 23, 2022

178 N.Y.S.3d 772

Richard L. Herzfeld, New York, NY, for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent.

VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.

DECISION & ORDER ON MOTION

210 A.D.3d 1002

Appeal by the defendant from a judgment of the County Court, Suffolk County ( John Collins, J.), rendered February 26, 2021, convicting her of attempted robbery in the second 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 Richard L. Herzfeld for leave to withdraw as counsel for the appellant is granted, and he is directed to turn over all papers in his possession to the appellant's new counsel assigned herein; and it is further,

ORDERED that Thomas J. Butler, P.O. Box 665, Melville, New York 11747, is assigned as new counsel to prosecute 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 appellant's 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 14, 2021, 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.

178 N.Y.S.3d 773

The parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other (see 22 NYCRR 670.9 [a]).

In reviewing an attorney's motion to be relieved pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, this Court "[f]irst ... must satisfy itself that the attorney has provided the client with a diligent and thorough search of the record for any arguable claim that might support the ... appeal" ( McCoy v. Court of Appeals of Wis., Dist. 1, 486 U.S. 429, 442, 108 S.Ct. 1895, 100 L.Ed.2d 440 ; see Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 ). "Every advocate has essentially the same professional responsibility whether he or she accepted a retainer from a paying client or an appointment from a court" ( McCoy v. Court of Appeals of Wis., Dist. 1, 486 U.S. at 438, 108 S.Ct. 1895 ; see Matter of...