People v. Sedita
| Decision Date | 08 January 2014 |
| Citation | 113 A.D.3d 638,2014 N.Y. Slip Op. 00129,978 N.Y.S.2d 318 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE, etc., respondent, v. Anthony SEDITA, appellant. |
113 A.D.3d 638
978 N.Y.S.2d 318
2014 N.Y. Slip Op. 00129
The PEOPLE, etc., respondent,
v.
Anthony SEDITA, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 8, 2014.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.
PETER B. SKELOS, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT, and LEONARD B. AUSTIN, JJ.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.), rendered January 19, 2011, convicting him of attempted assault 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 appellant.
ORDERED that the motion of Robert C. Mitchell for leave to withdraw as counsel for the appellant is granted, and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
ORDERED that Carol E. Castillo, Esq., P.O. Box 146, East Setauket, N.Y., 11733, is assigned as counsel to prosecute the appeal; and it is further,
ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant's new assigned counsel; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and
[978 N.Y.S.2d 319]
order on motion of this Court dated July 30, 2012, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.
In reviewing an attorney's motion to be relieved pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, this Court must first “ ‘satisfy itself that the attorney has provided the client with a diligent and thorough search of the record for any arguable claim that might support the client's appeal’ ” (Matter of Giovanni S. [ Jasmin A.], 89 A.D.3d 252, 255, 931 N.Y.S.2d...
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