People v. Swenson, 2010-09511 ON MOTION

Decision Date15 July 2015
Docket Number2010-09511 ON MOTION
PartiesThe PEOPLE, etc., respondent, v. Doreen SWENSON, appellant.
CourtNew York Supreme Court — Appellate Division

130 A.D.3d 848
12 N.Y.S.3d 557 (Mem)
2015 N.Y. Slip Op. 06173

The PEOPLE, etc., respondent
v.
Doreen SWENSON, appellant.

2010-09511 ON MOTION

Supreme Court, Appellate Division, Second Department, New York.

July 15, 2015.


John P. Savoca, Yorktown Heights, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco and Richard Longworth Hecht of counsel; Caitlin White on the brief), for respondent.

Opinion

130 A.D.3d 848

Appeal by the defendant

130 A.D.3d 849

from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered August 5, 2010, convicting her of grand larceny in the second degree and scheme to defraud in the first degree, upon her 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 John P. Savoca for leave to withdraw as counsel 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 Steven A. Feldman, Esq., 626 RXR Plaza, West Tower, 6th Floor, Uniondale, N.Y. 11556 is assigned as counsel to perfect 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 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 order on motion of this Court, 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...

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19 cases
  • People v. James
    • United States
    • New York Supreme Court — Appellate Division
    • February 28, 2018
    ...waiver of his right to appeal (see People v. Ferretti, 148 A.D.3d 720, 721, 47 N.Y.S.3d 736 ; 68 N.Y.S.3d 907 People v. Swenson, 130 A.D.3d 848, 849, 12 N.Y.S.3d 557 ; People v. Sedita, 113 A.D.3d at 639–640, 978 N.Y.S.2d 318 ).158 A.D.3d 822In addition, the brief failed to analyze potentia......
  • People v. Rodriguez
    • United States
    • New York Supreme Court — Appellate Division
    • August 19, 2020
    ...v. McCalla , 160 A.D.3d 662, 663, 74 N.Y.S.3d 307 ; People v. Ferretti , 148 A.D.3d 720, 721, 47 N.Y.S.3d 736 ; People v. Swenson , 130 A.D.3d 848, 849, 12 N.Y.S.3d 557 ; People v. Sedita , 113 A.D.3d 638, 639–640, 978 N.Y.S.2d 318 ; cf. People v. Murray , 169 A.D.3d 227, 93 N.Y.S.3d 694 ).......
  • People v. Ellis
    • United States
    • New York Supreme Court — Appellate Division
    • December 13, 2017
    ...defendant's purported waiver of his right to appeal (see People v. Ferretti, 148 A.D.3d 720, 721, 47 N.Y.S.3d 736 ; People v. Swenson, 130 A.D.3d 848, 849, 12 N.Y.S.3d 557 ; People v. Sedita, 113 A.D.3d at 639–640, 978 N.Y.S.2d 318 ). Since the brief does not demonstrate that assigned couns......
  • People v. Watson
    • United States
    • New York Supreme Court — Appellate Division
    • November 2, 2016
    ...potential appellate issues, and fails to highlight facts in the record that might arguably support the appeal (see People v. Swenson, 130 A.D.3d 848, 849, 12 N.Y.S.3d 557 ; People v. Sedita, 113 A.D.3d 638, 639–640, 978 N.Y.S.2d 318 ; People v. McNair, 110 A.D.3d 742, 743, 971 N.Y.S.2d 889 ......
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