People v. Madrigal

CourtNew York Supreme Court Appellate Division
Citation939 N.Y.S.2d 714,93 A.D.3d 651,2012 N.Y. Slip Op. 01663
Decision Date06 March 2012
PartiesPEOPLE of State of New York, respondent, v. Georvie A. MADRIGAL, appellant.

2012 N.Y. Slip Op. 01663
93 A.D.3d 651
939 N.Y.S.2d 714

PEOPLE of State of New York, respondent,
v.
Georvie A. MADRIGAL, appellant.

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

March 6, 2012.


Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated January 20, 2011, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6–C. 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 defendant.

ORDERED that the order is affirmed, without costs or disbursements.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted ( id.; see Matter of Giovanni S. [ Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399; cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987).

DILLON, J.P., BALKIN, BELEN and AUSTIN, JJ., concur.

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6 practice notes
  • People v. Murphy
    • United States
    • New York Supreme Court Appellate Division
    • February 5, 2014
    ...109 A.D.3d 1003, 1004, 971 N.Y.S.2d 479; People v. Arias, 100 A.D.3d 914, 915, 953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714), her claim with respect to the voluntariness of the plea survives such a waiver ( see [979 N.Y.S.2d 830]People v. Seaberg, 74 N.Y.2d 1, 10, 5......
  • People v. Haywood
    • United States
    • New York Supreme Court Appellate Division
    • November 12, 2014
    ...22 N.Y.3d 1160, 984 N.Y.S.2d 644, 7 N.E.3d 1132; People v. Arias, 100 A.D.3d 914, 953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714; cf. [996 N.Y.S.2d 139] People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297). However, his claim regarding the voluntariness of his plea surv......
  • People v. Haywood, 2013-09036
    • United States
    • New York Supreme Court Appellate Division
    • November 12, 2014
    ...22 N.Y.3d 1160, 984 N.Y.S.2d 644, 7 N.E.3d 1132 ; People v. Arias, 100 A.D.3d 914, 953 N.Y.S.2d 892 ; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714 ; cf. People v. 996 N.Y.S.2d 139Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). However, his claim regarding the voluntariness of his plea sur......
  • People v. Yodice,
    • United States
    • New York Supreme Court Appellate Division
    • September 20, 2017
    ...Saaverda, 132 A.D.3d 701, 702, 17 N.Y.S.3d 322 ; People v. Frazier, 127 A.D.3d 1229, 7 N.Y.S.3d 523 ; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714 ; People v. Miles, 268 A.D.2d 489, 489–490, 703 N.Y.S.2d 491 ).Nevertheless, the amended sentence was not excessive (see People v. Suitte......
  • Request a trial to view additional results
6 cases
  • People v. Murphy
    • United States
    • New York Supreme Court Appellate Division
    • February 5, 2014
    ...109 A.D.3d 1003, 1004, 971 N.Y.S.2d 479; People v. Arias, 100 A.D.3d 914, 915, 953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714), her claim with respect to the voluntariness of the plea survives such a waiver ( see [979 N.Y.S.2d 830]People v. Seaberg, 74 N.Y.2d 1, 10, 5......
  • People v. Haywood
    • United States
    • New York Supreme Court Appellate Division
    • November 12, 2014
    ...22 N.Y.3d 1160, 984 N.Y.S.2d 644, 7 N.E.3d 1132; People v. Arias, 100 A.D.3d 914, 953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714; cf. [996 N.Y.S.2d 139] People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297). However, his claim regarding the voluntariness of his plea surv......
  • People v. Haywood, 2013-09036
    • United States
    • New York Supreme Court Appellate Division
    • November 12, 2014
    ...22 N.Y.3d 1160, 984 N.Y.S.2d 644, 7 N.E.3d 1132 ; People v. Arias, 100 A.D.3d 914, 953 N.Y.S.2d 892 ; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714 ; cf. People v. 996 N.Y.S.2d 139Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). However, his claim regarding the voluntariness of his plea sur......
  • People v. Yodice,
    • United States
    • New York Supreme Court Appellate Division
    • September 20, 2017
    ...Saaverda, 132 A.D.3d 701, 702, 17 N.Y.S.3d 322 ; People v. Frazier, 127 A.D.3d 1229, 7 N.Y.S.3d 523 ; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714 ; People v. Miles, 268 A.D.2d 489, 489–490, 703 N.Y.S.2d 491 ).Nevertheless, the amended sentence was not excessive (see People v. Suitte......
  • Request a trial to view additional results

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