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People v. Cruz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 10, 2021
191 A.D.3d 799 (N.Y. App. Div. 2021)

Opinion

2019–06704 2019–06706 Ind. Nos. 1869/18, 7588/18

02-10-2021

The PEOPLE, etc., respondent, v. Angel CRUZ, appellant.

Paul Skip Laisure, New York, N.Y. ( Lynn W.L. Fahey of counsel), for appellant Eric Gonzalez, District Attorney, Brooklyn, N.Y. ( Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the brief), for respondent.


Paul Skip Laisure, New York, N.Y. ( Lynn W.L. Fahey of counsel), for appellant

Eric Gonzalez, District Attorney, Brooklyn, N.Y. ( Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the brief), for respondent.

WILLIAM F. MASTRO, A.P.J., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeals by the defendant from two judgments of the Supreme Court, Kings County ( William Miller, J., at plea; Matthew Sciarrino, Jr., J., at sentence), both rendered May 20, 2019, convicting him of criminal sale of a controlled substance in the fifth degree under Indictment No. 1869/18, and bail jumping in the third degree under Indictment No. 7588/18, upon his pleas of guilty, and imposing sentences. 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 judgments are 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 the appeals. 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 ).

MASTRO, A.P.J., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.


Summaries of

People v. Cruz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 10, 2021
191 A.D.3d 799 (N.Y. App. Div. 2021)
Case details for

People v. Cruz

Case Details

Full title:The People of the State of New York, respondent, v. Angel Cruz, appellant.

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

Date published: Feb 10, 2021

Citations

191 A.D.3d 799 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 860
138 N.Y.S.3d 367