People v. Giglio

Citation202 A.D.3d 820,158 N.Y.S.3d 852 (Mem)
Decision Date09 February 2022
Docket Number2019–14077,S.C.I. No. 1646/19
Parties The PEOPLE, etc., respondent, v. Alfred GIGLIO, appellant.
CourtNew York Supreme Court — Appellate Division

202 A.D.3d 820
158 N.Y.S.3d 852 (Mem)

The PEOPLE, etc., respondent,
v.
Alfred GIGLIO, appellant.

2019–14077
S.C.I. No. 1646/19

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

Submitted—January 14, 2022
February 9, 2022


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

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

ANGELA G. IANNACCI, J.P., REINALDO E. RIVERA, ROBERT J. MILLER, JOSEPH J. MALTESE, JJ.

DECISION & ORDER ON MOTION

202 A.D.3d 820

Appeal by the defendant from a judgment of the County Court, Suffolk County (Philip Goglas, J.), rendered November 26, 2019, convicting him of attempted burglary in the second degree (three counts), 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 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 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 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 February 11, 2020, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard...

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6 cases
  • People v. Brown
    • United States
    • New York Supreme Court — Appellate Division
    • November 23, 2022
    ...; People v. Chicas, 203 A.D.3d 1064, 1066, 162 N.Y.S.3d 783 ; People v. Jones, 202 A.D.3d 827, 828, 158 N.Y.S.3d 869 ; People v. Giglio, 202 A.D.3d 820, 821, 158 N.Y.S.3d 852 ). While counsel summarily states that the sentence imposed was "consistent with the plea commitment" and "not unrea......
  • People v. Fedyk
    • United States
    • New York Supreme Court — Appellate Division
    • February 9, 2022
    ...prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish 202 A.D.3d 820 the defendant's guilt of burglary in the second degree as a hate crime beyond a reasonable doubt. Defense counsel was not ineffective for ......
  • People v. Brown
    • United States
    • New York Supreme Court — Appellate Division
    • November 23, 2022
    ...(see People v London, 206 A.D.3d 674, 675; People v Chicas, 203 A.D.3d 1064, 1066; People v Jones, 202 A.D.3d 827, 828; People v Giglio, 202 A.D.3d 820, 821). While counsel summarily states that the sentence imposed "consistent with the plea commitment" and "not unreasonable," the brief fai......
  • People v. Singh
    • United States
    • New York Supreme Court — Appellate Division
    • November 23, 2022
    ...we must assign new counsel to represent the defendant (see People v. Chicas, 203 A.D.3d 1064, 1066, 162 N.Y.S.3d 783 ; People v. Giglio, 202 A.D.3d 820, 821, 158 N.Y.S.3d 852 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 256, 931 N.Y.S.2d 676 ). DILLON, J.P., CHRISTOPHER, FORD and TAYLO......
  • Request a trial to view additional results

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