People v. Campbell, 2016–07564

CourtNew York Supreme Court Appellate Division
Citation121 N.Y.S.3d 636 (Mem),183 A.D.3d 599
Decision Date06 May 2020
Parties The PEOPLE, etc., Respondent, v. Malachi CAMPBELL, Appellant.
Docket Number2016–07564,2016–07565,Ind. Nos. 1106/14, 1178/14

183 A.D.3d 599
121 N.Y.S.3d 636 (Mem)

The PEOPLE, etc., Respondent,
v.
Malachi CAMPBELL, Appellant.

2016–07564
2016–07565
Ind.
Nos. 1106/14, 1178/14

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

Submitted—December 5, 2019
May 6, 2020


Thomas J. Butler, Melville, NY, for appellant.

Madeline Singas, District Attorney, Mineola, N.Y. (Autumn S. Hughes of counsel; Casey Gingrich on the brief), for respondent.

ALAN D. SCHEINKMAN, P.J., SYLVIA O. HINDS–RADIX, BETSY BARROS, PAUL WOOTEN, JJ.

121 N.Y.S.3d 637

DECISION & ORDER ON MOTION

Appeals by the defendant from two judgments of the Supreme Court, Nassau County (Teresa K. Corrigan, J.), both rendered June 21, 2016, convicting him of course of sexual conduct against a child in the first degree under Indictment No. 1106/14, and criminal possession of a weapon in the second degree under Indictment No. 1178/14, upon his pleas of guilty, and imposing sentences. 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 Thomas J. Butler for leave to withdraw as counsel 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 Jillian S. Harrington, P.O. Box 131621, Staten Island, N.Y. 10313, is assigned as counsel to prosecute the appeals; 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 newly 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 October 18, 2016, the appellant was granted leave to prosecute the appeals as...

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7 practice notes
  • People v. Campbell, 2019–10461, 2019–10463
    • United States
    • New York Supreme Court Appellate Division
    • 17 Noviembre 2021
    ...responses to any of those advisements and inquiries (see People v. Rodriguez, 186 A.D.3d 749, 750, 127 N.Y.S.3d 288 ; People v. Campbell, 183 A.D.3d 599, 121 N.Y.S.3d 636 ; People v. Delarosa, 162 A.D.3d 787, 789, 79 N.Y.S.3d 67 ; People v. Johnson, 126 A.D.3d 916, 917, 2 N.Y.S.3d 919 ; Peo......
  • People v. Loftus, 2013–02589
    • United States
    • New York Supreme Court Appellate Division
    • 6 Mayo 2020
    ...contrary to the defendant's contention, the exception to the preservation requirement does not apply here, since the plea allocution 121 N.Y.S.3d 636 did not cast significant doubt upon the defendant's guilt, negate an essential element of the crime, or call into question the voluntariness ......
  • People v. St. Louis, 2018–09332
    • United States
    • New York Supreme Court Appellate Division
    • 26 Agosto 2020
    ...fulfilled his obligation under Anders v. California, we must assign new counsel to represent the appellant (see People v. Campbell, 183 A.D.3d 599, 121 N.Y.S.3d 636 ; People v. Swenson, 130 A.D.3d 848, 850, 12 N.Y.S.3d 557 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258, 931 N.Y.S.2d ......
  • People v. Campbell, 2019-10461
    • United States
    • United States State Supreme Court (New York)
    • 17 Noviembre 2021
    ...or the appellant's responses to any of those advisements and inquiries (see People v Rodriguez, 186 A.D.3d 749, 750; People v Campbell, 183 A.D.3d 599; People v Delarosa, 162 A.D.3d 787, 789; People v Johnson, 126 A.D.3d 916, 917; People v Sedita, 113 A.D.3d 638, 639). In addition, the brie......
  • Request a trial to view additional results
7 cases
  • People v. Campbell, 2019–10461, 2019–10463
    • United States
    • New York Supreme Court Appellate Division
    • 17 Noviembre 2021
    ...responses to any of those advisements and inquiries (see People v. Rodriguez, 186 A.D.3d 749, 750, 127 N.Y.S.3d 288 ; People v. Campbell, 183 A.D.3d 599, 121 N.Y.S.3d 636 ; People v. Delarosa, 162 A.D.3d 787, 789, 79 N.Y.S.3d 67 ; People v. Johnson, 126 A.D.3d 916, 917, 2 N.Y.S.3d 919 ; Peo......
  • People v. Loftus, 2013–02589
    • United States
    • New York Supreme Court Appellate Division
    • 6 Mayo 2020
    ...contrary to the defendant's contention, the exception to the preservation requirement does not apply here, since the plea allocution 121 N.Y.S.3d 636 did not cast significant doubt upon the defendant's guilt, negate an essential element of the crime, or call into question the voluntariness ......
  • People v. St. Louis, 2018–09332
    • United States
    • New York Supreme Court Appellate Division
    • 26 Agosto 2020
    ...fulfilled his obligation under Anders v. California, we must assign new counsel to represent the appellant (see People v. Campbell, 183 A.D.3d 599, 121 N.Y.S.3d 636 ; People v. Swenson, 130 A.D.3d 848, 850, 12 N.Y.S.3d 557 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258, 931 N.Y.S.2d ......
  • People v. Campbell, 2019-10461
    • United States
    • United States State Supreme Court (New York)
    • 17 Noviembre 2021
    ...or the appellant's responses to any of those advisements and inquiries (see People v Rodriguez, 186 A.D.3d 749, 750; People v Campbell, 183 A.D.3d 599; People v Delarosa, 162 A.D.3d 787, 789; People v Johnson, 126 A.D.3d 916, 917; People v Sedita, 113 A.D.3d 638, 639). In addition, the brie......
  • Request a trial to view additional results

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