People v. Gordon, 2019–08357, 2020–07201, (Ind. No. 18-00167, S.C.I. No. 19-00301)

CourtNew York Supreme Court Appellate Division
Citation201 A.D.3d 813,160 N.Y.S.3d 98
Docket Number2019–08357, 2020–07201, (Ind. No. 18-00167, S.C.I. No. 19-00301)
Parties The PEOPLE, etc., respondent, v. Winston GORDON, appellant.
Decision Date19 January 2022

201 A.D.3d 813
160 N.Y.S.3d 98

The PEOPLE, etc., respondent,
v.
Winston GORDON, appellant.

2019–08357, 2020–07201, (Ind. No. 18-00167, S.C.I. No. 19-00301)

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

Submitted—December 6, 2021
January 19, 2022


160 N.Y.S.3d 99

Randall Richards, Bronxville, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent.

FRANCESCA E. CONNOLLY, J.P., SYLVIA O. HINDS–RADIX, SHERI S. ROMAN, DEBORAH A. DOWLING, JJ.

DECISION & ORDER ON MOTION

201 A.D.3d 813

Appeal by the defendant from two judgments of the Supreme Court, Westchester County (Barry E. Warhit, J.), both rendered May 23, 2019, convicting him of attempted criminal possession of a weapon in the second degree under Indictment No. 18–00167, and criminal possession of marihuana in the third degree under S.C.I. No. 19–00301, 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 Randall Richards 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 Loren Glassman, 185 Delhi Road, Scarsdale, New York 10583, 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 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 December 13, 2019, as amended by decision and order on motion of this Court dated September 25, 2020, the appellant was granted leave to prosecute the appeals as a poor person,...

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1 practice notes
  • People v. Burch, 2018–08808
    • United States
    • New York Supreme Court Appellate Division
    • January 19, 2022
    ...143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ). The defendant has not established that the police testimony at the suppression hearing was 160 N.Y.S.3d 98 inconsistent with testimony elicited from other police witnesses at trial, and it is 201 A.D.3d 813 unlikely that the Supreme Court would h......
1 cases
  • People v. Burch, 2018–08808
    • United States
    • New York Supreme Court Appellate Division
    • January 19, 2022
    ...143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ). The defendant has not established that the police testimony at the suppression hearing was 160 N.Y.S.3d 98 inconsistent with testimony elicited from other police witnesses at trial, and it is 201 A.D.3d 813 unlikely that the Supreme Court would h......

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