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People v. Faden

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 14, 2018
166 A.D.3d 796 (N.Y. App. Div. 2018)

Opinion

2017–04827 Ind. No. 4746/16

11-14-2018

The PEOPLE, etc., respondent, v. Howard FADEN, 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 Diane R. Eisner of counsel; Masha Simonova 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 Diane R. Eisner of counsel; Masha Simonova on the brief), for respondent.

REINALDO E. RIVERA, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County ( William Miller, J.), rendered March 20, 2017, convicting him of attempted burglary in the third 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, 18 L.Ed.2d 493, 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 ).

RIVERA, J.P., MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Faden

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 14, 2018
166 A.D.3d 796 (N.Y. App. Div. 2018)
Case details for

People v. Faden

Case Details

Full title:The People of the State of New York, respondent, v. Howard Faden…

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

Date published: Nov 14, 2018

Citations

166 A.D.3d 796 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 7745
85 N.Y.S.3d 779