People v. Brown
| Court | New York Supreme Court — Appellate Division |
| Writing for the Court | Before MANGANO |
| Citation | 140 A.D.2d 363,527 N.Y.S.2d 850 |
| Parties | The PEOPLE, etc., Respondent, v. Richard A. BROWN, Appellant. |
| Decision Date | 02 May 1988 |
Page 850
v.
Richard A. BROWN, Appellant.
Second Department.
Lloyd M. Bleecker, New York City, for appellant.
John J. Santucci, Dist. Atty., Kew Gardens (Deborah Carlin Stevens, of counsel), for respondent.
Before MANGANO, J.P., and KUNZEMAN, RUBIN, KOOPER and HARWOOD, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Zelman, J.), rendered November 11, 1983, convicting him of robbery in the first 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 to be relieved of the assignment to prosecute this appeal.
ORDERED that the motion is granted, Lloyd M. Bleecker is relieved as attorney for the defendant and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
ORDERED that Barry Apfelbaum, of 277 Broadway, New York, N.Y. 10007, is assigned as counsel to perfect the appeal; and it is further,
ORDERED that the People are directed to furnish a copy of the stenographic minutes to the new assigned counsel; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the defendant 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 of this court, the defendant was granted leave to prosecute the appeal on the original papers (including the typewritten stenographic minutes) and on the typewritten briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.
Assigned appellate counsel filed an Anders/Saunders brief ( see, Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, supra; People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161), claiming that the appeal was frivolous. Based upon our independent review of the record, appealable issues exist as to whether the display of a single photograph of the defendant to the complainant Theresa W. was impermissibly suggestive; if so, whether the photographic identification
Page 851
procedure tainted the complainant's subsequent identification at a pretrial lineup; and whether there was an independent basis for her in-court...To continue reading
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In the Matter of Giovanni S. (anonymous).Admin. For Children's Serv.
...California, 386 U.S. at 744, 87 S.Ct. 1396; see People v. Stokes, 95 N.Y.2d at 636, 722 N.Y.S.2d 217, 744 N.E.2d 1153; People v. Brown, 140 A.D.2d 363, 527 N.Y.S.2d 850). If, however, “ ‘the court is satisfied that counsel has diligently investigated the possible grounds of appeal, and agre......
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...meritorious issues for appeal (see id. ; People v. Stokes, 95 N.Y.2d 633, 636, 722 N.Y.S.2d 217, 744 N.E.2d 1153 ; People v. Brown, 140 A.D.2d 363, 527 N.Y.S.2d 850 ). A court may grant an assigned attorney's application to withdraw as counsel and affirm the judgment when it finds an appeal......
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...v. California, 386 U.S. at 744, 87 S.Ct. 1396; People v. Stokes, 95 N.Y.2d at 637, 722 N.Y.S.2d 217, 744 N.E.2d 1153; People v. Brown, 140 A.D.2d 363, 527 N.Y.S.2d 850).72 A.D.3d 697 The factual summary and analysis contained in the brief submitted by the defendant's assigned counsel was li......
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In the Matter of Giovanni S. (anonymous).Admin. For Children's Serv.
...California, 386 U.S. at 744, 87 S.Ct. 1396; see People v. Stokes, 95 N.Y.2d at 636, 722 N.Y.S.2d 217, 744 N.E.2d 1153; People v. Brown, 140 A.D.2d 363, 527 N.Y.S.2d 850). If, however, “ ‘the court is satisfied that counsel has diligently investigated the possible grounds of appeal, and agre......
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