People v. Somarriba
| Decision Date | 28 January 1986 |
| Citation | 116 A.D.2d 525,498 N.Y.S.2d 305 |
| Parties | The PEOPLE of the State of New York, Respondent, v. John SOMARRIBA, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
E. Friedman, New York City, for defendant-appellant.
Judgment, Supreme Court, New York County (Martin Rettinger, J., at sentence; George Roberts, J., at plea), rendered on August 14, 1984, unanimously affirmed. Application by appellant's counsel 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. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161.) Appellant has fully served his sentence and has indicated that he does not wish to raise a plea-withdrawal issue, the only possibly non-frivolous issue identified by assigned counsel. We have reviewed this record and agree with appellant's assigned counsel that there are no other non-frivolous points which could be raised on this appeal.
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People v. Smith
...any point during the representation to see whether the defendant actually wanted to withdraw his plea of guilty (cf. People v. Somarriba, 116 A.D.2d 525, 498 N.Y.S.2d 305 ). This is significant because a defendant's decision to plead guilty is personal, and assigned counsel may not properly......
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People v. Smith
...at any point during the representation to see whether the defendant actually wanted to withdraw his plea of guilty (cf. People v Somarriba, 116 A.D.2d 525). This significant because a defendant's decision to plead guilty is personal, and assigned counsel may not properly seek to vacate a de......