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People v. Alfaro-Barber

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 29, 2020
179 A.D.3d 1088 (N.Y. App. Div. 2020)

Opinion

2018–02630 Ind.No. 6927/15

01-29-2020

The PEOPLE, etc., Respondent, v. Paolo ALFARO–BARBER, Appellant.

Harvey A. Herbert, Brooklyn, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


Harvey A. Herbert, Brooklyn, NY, for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County ( Martin P. Murphy, J.), rendered April 11, 2017, convicting him of conspiracy in the second 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 judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id. ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676 ; 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 ).

DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.


Summaries of

People v. Alfaro-Barber

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 29, 2020
179 A.D.3d 1088 (N.Y. App. Div. 2020)
Case details for

People v. Alfaro-Barber

Case Details

Full title:The People of the State of New York, respondent, v. Paolo Alfaro-Barber…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jan 29, 2020

Citations

179 A.D.3d 1088 (N.Y. App. Div. 2020)
179 A.D.3d 1088
2020 N.Y. Slip Op. 605
2020 N.Y. Slip Op. 606