People v. Ferretti
| Decision Date | 01 March 2017 |
| Parties | The PEOPLE, etc., respondent, v. James FERRETTI, appellant. |
| Court | New York Supreme Court — Appellate Division |
John P. Savoca, Yorktown Heights, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Nicholas D. Mangold and Andrew R. Kass of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, L. PRISCILLA HALL and JEFFREY A. COHEN, JJ.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 16, 2015, convicting him of criminal possession of stolen property in the fourth 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 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 March 8, 2016, 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, who were directed to file nine copies of their respective briefs and to serve one copy on each other.
The brief submitted by the appellant's assigned counsel pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 is deficient because it failed to contain an adequate statement of facts and failed to adequately analyze potential appellate issues or highlight facts in the record that might arguably support the appeal (see People v. McNair, 110 A.D.3d 742, 971 N.Y.S.2d 889 ; People v. Singleton, 101 A.D.3d 909, 910, 954 N.Y.S.2d 910 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 256, 931 N.Y.S.2d 676 ). The brief failed to describe the County Court's advisements to the appellant regarding the constitutional rights he was waiving, the ...
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People v. Rodriguez
...address whether the sentence imposed was excessive (see People v. McCalla , 160 A.D.3d 662, 663, 74 N.Y.S.3d 307 ; People v. Ferretti , 148 A.D.3d 720, 721, 47 N.Y.S.3d 736 ; People v. Swenson , 130 A.D.3d 848, 849, 12 N.Y.S.3d 557 ; People v. Sedita , 113 A.D.3d 638, 639–640, 978 N.Y.S.2d ......