People v. Powell

CourtNew York Supreme Court Appellate Division
Citation925 N.Y.S.2d 875,85 A.D.3d 1061,2011 N.Y. Slip Op. 05529
Decision Date21 June 2011
PartiesThe PEOPLE, etc., respondent,v.Fred POWELL, appellant.

85 A.D.3d 1061
925 N.Y.S.2d 875
2011 N.Y. Slip Op. 05529

The PEOPLE, etc., respondent,
v.
Fred POWELL, appellant.

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

June 21, 2011.


Martin E. Gotkin, Palisades, N.Y., for appellant.

[925 N.Y.S.2d 876]

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

[85 A.D.3d 1061] Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered April 27, 2010, convicting him of robbery in the first 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 defendant.

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's [85 A.D.3d 1062] assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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).

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2 practice notes
  • In the Matter of Giovanni S. (anonymous).Admin. For Children's Serv.
    • United States
    • New York Supreme Court Appellate Division
    • November 1, 2011
    ...675, 78 S.Ct. 974, 2 L.Ed.2d 1060; see People v. Stokes, 95 N.Y.2d at 636, 722 N.Y.S.2d 217, 744 N.E.2d 1153; see e.g. People v. Powell, 85 A.D.3d 1061, 925 N.Y.S.2d 875). [931 N.Y.S.2d 679] As this latter principle of law suggests, there are essentially two steps to this Court's review of ......
  • People v. Murray, 2017–08647
    • United States
    • New York Supreme Court Appellate Division
    • February 13, 2019
    ...386 U.S. at 741–742, 87 S.Ct. 1396 ; People v. Stokes, 95 N.Y.2d at 636, 722 N.Y.S.2d 217, 744 N.E.2d 1153 ; People v. Powell, 85 A.D.3d 1061, 925 N.Y.S.2d 875 ). If, however, the court finds any legal points to be arguable on their merits, it must afford the indigent defendant the assistan......
2 cases
  • In the Matter of Giovanni S. (anonymous).Admin. For Children's Serv.
    • United States
    • New York Supreme Court Appellate Division
    • November 1, 2011
    ...675, 78 S.Ct. 974, 2 L.Ed.2d 1060; see People v. Stokes, 95 N.Y.2d at 636, 722 N.Y.S.2d 217, 744 N.E.2d 1153; see e.g. People v. Powell, 85 A.D.3d 1061, 925 N.Y.S.2d 875). [931 N.Y.S.2d 679] As this latter principle of law suggests, there are essentially two steps to this Court's review of ......
  • People v. Murray, 2017–08647
    • United States
    • New York Supreme Court Appellate Division
    • February 13, 2019
    ...386 U.S. at 741–742, 87 S.Ct. 1396 ; People v. Stokes, 95 N.Y.2d at 636, 722 N.Y.S.2d 217, 744 N.E.2d 1153 ; People v. Powell, 85 A.D.3d 1061, 925 N.Y.S.2d 875 ). If, however, the court finds any legal points to be arguable on their merits, it must afford the indigent defendant the assistan......

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