People v. Saunders

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore KUPFERMAN
Citation52 A.D.2d 833,384 N.Y.S.2d 161
Decision Date27 May 1976
PartiesPEOPLE v. Bernard SAUNDERS.

Page 161

384 N.Y.S.2d 161
52 A.D.2d 833
PEOPLE

v.
Bernard SAUNDERS.
Supreme Court, Appellate Division, First Department.
May 27, 1976.

Before KUPFERMAN, J.P., and BIRNS, CAPOZZOLI and LANE, JJ.

MEMORANDUM DECISION.

Motion by assigned counsel to be relieved and to have alternate counsel assigned on this appeal denied without prejudice. Appellant's time to perfect this appeal enlarged to the September 1976 Term.

Assigned counsel asks to be relieved, stating that his review of the trial minutes does not reveal a valid issue to be raised on this appeal. Appellant joins in his counsel's application, and requests that a new attorney be assigned.

The moving papers submitted here are insufficient to warrant the granting of the requested relief. The Supreme Court, in Anders v. California, 386 U.S. 738 (87 S.Ct. 1396, 18 L.Ed.2d 493) (1967), established the procedure to be followed in this type of situation. Upon finding his case to be wholly frivolous, after a conscientious examination of the record, counsel should so advise the Court and request permission to withdraw. Such request should be accompanied by a brief reciting the underlying facts and highlighing anything in the record that might arguably support the appeal. The brief should be prepared in accordance with the applicable rules of this Court, and placed on the appeals calendar within the time period prescribed for perfecting the appeal. Appellant should be furnished with a copy of the brief, and given an opportunity to raise any points he chooses. The Court will then examine all of the proceedings to determine whether the appeal is wholly frivolous. If such a finding is made, the Court will grant counsel's request to withdraw and affirm the judgment of conviction. But, if the Court finds any legal points arguable on their merits, it will afford the appellant the assistance of

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new counsel to argue the appeal. In certain limited classes of cases (E.g., where the sentence imposed was excessive) the interests of justice may require an immediate disposition of the appeal by the Court in order to avoid the delay the assignment of a new attorney would necessitate. Time to perfect the appeal is enlarged to the September 1976 Term of this Court.

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2025 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
    ...finds a case to be “wholly frivolous,” counsel should “so advise the court and request permission to withdraw” ( People v. Saunders, 52 A.D.2d 833, 833, 384 N.Y.S.2d 161; see Anders v. California, 386 U.S. at 744, 87 S.Ct. 1396). In fulfilling assigned counsel's role as an “active advocate”......
  • People v. Murray, 2017–08647
    • United States
    • New York Supreme Court Appellate Division
    • February 13, 2019
    ...419 N.Y.S.2d 913, 393 N.E.2d 987 ; People v. Emmett, 25 N.Y.2d 354, 356–357, 306 N.Y.S.2d 433, 254 N.E.2d 744 ; People v. Saunders, 52 A.D.2d 833, 833–834, 384 N.Y.S.2d 161 ). When evaluating a record of criminal proceedings, assigned counsel is tasked with the responsibility of identifying......
  • Laffosse v. Walters, No. 82 Civ. 3974 (JES).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 3, 1984
    ...listing of the points and case citations sufficiently demonstrates compliance with the guidelines outlined in People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 Id. at 509, 426 N.Y.S.2d at 745. The court ordered the attorney to "serve and file an adequate brief and such additional doc......
  • Figueroa v. Heath, No. 10-CV-0121 (JFB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 13, 2011
    ...to anything in the record that might arguably support the appeal." Anders, 386 U.S. at 744; see also People v. Saunders, 384 N.Y.S.2d 161, 161 (App. Div. 1976) ("Upon finding his case to be wholly frivolous, after a conscientious examination of the record, counsel should so advise......
  • Request a trial to view additional results
2025 cases
  • In the Matter of Giovanni S. (anonymous).Admin. For Children's Serv.
    • United States
    • New York Supreme Court Appellate Division
    • November 1, 2011
    ...finds a case to be “wholly frivolous,” counsel should “so advise the court and request permission to withdraw” ( People v. Saunders, 52 A.D.2d 833, 833, 384 N.Y.S.2d 161; see Anders v. California, 386 U.S. at 744, 87 S.Ct. 1396). In fulfilling assigned counsel's role as an “active advocate”......
  • People v. Murray, 2017–08647
    • United States
    • New York Supreme Court Appellate Division
    • February 13, 2019
    ...419 N.Y.S.2d 913, 393 N.E.2d 987 ; People v. Emmett, 25 N.Y.2d 354, 356–357, 306 N.Y.S.2d 433, 254 N.E.2d 744 ; People v. Saunders, 52 A.D.2d 833, 833–834, 384 N.Y.S.2d 161 ). When evaluating a record of criminal proceedings, assigned counsel is tasked with the responsibility of identifying......
  • Laffosse v. Walters, No. 82 Civ. 3974 (JES).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 3, 1984
    ...listing of the points and case citations sufficiently demonstrates compliance with the guidelines outlined in People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 Id. at 509, 426 N.Y.S.2d at 745. The court ordered the attorney to "serve and file an adequate brief and such additional doc......
  • Figueroa v. Heath, No. 10-CV-0121 (JFB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 13, 2011
    ...to anything in the record that might arguably support the appeal." Anders, 386 U.S. at 744; see also People v. Saunders, 384 N.Y.S.2d 161, 161 (App. Div. 1976) ("Upon finding his case to be wholly frivolous, after a conscientious examination of the record, counsel should so advise......
  • Request a trial to view additional results

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