People v. Powell

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

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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4 cases
  • In the Matter of Giovanni S. (anonymous).Admin. For Children's Serv.
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Noviembre 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
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    • New York Supreme Court — Appellate Division
    • 13 Febrero 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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    • New York Supreme Court — Appellate Division
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    ...A.D.3d 957925 N.Y.S.2d 8752011 N.Y. Slip Op. 05443David BROSER, respondent,v.Clark SCHUBACH, et al., appellants.Supreme Court, Appellate Division, Second Department, New York.June 21, Rosenberg Calica & Birney LLP, Garden City, N.Y. (Robert M. Calica and Robert J. Howard of counsel), for ap......
  • People v. Mingo
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Junio 2011
    ...85 A.D.3d 1061925 N.Y.S.2d 8652011 N.Y. Slip Op. 05528The PEOPLE, etc., respondent,v.Gregory MINGO, appellant.Supreme Court, Appellate Division, Second Department, New York.June 21, Steven Banks, New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant, and appellant pro se.Richa......

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