People v. Powell
Court | New York Supreme Court Appellate Division |
Citation | 925 N.Y.S.2d 875,85 A.D.3d 1061,2011 N.Y. Slip Op. 05529 |
Decision Date | 21 June 2011 |
Parties | The 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.
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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...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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...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 ......
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...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......