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People v. Gardner

Supreme Court, Appellate Division, Second Department, New York.
Dec 27, 2017
156 A.D.3d 901 (N.Y. App. Div. 2017)

Opinion

2015–09059 Ind. No. 8916/14

12-27-2017

The PEOPLE, etc., respondent, v. Richard GARDNER, appellant.

Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


Paul Skip Laisure, New York, NY, for appellant.Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

MARK C. DILLON, J.P., SANDRA L. SGROI, BETSY BARROS, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (W.Miller, J.), rendered August 18, 2015, convicting him of criminal possession of a controlled substance in the seventh 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 ).

DILLON, J.P., SGROI, BARROS and CHRISTOPHER, JJ., concur.


Summaries of

People v. Gardner

Supreme Court, Appellate Division, Second Department, New York.
Dec 27, 2017
156 A.D.3d 901 (N.Y. App. Div. 2017)
Case details for

People v. Gardner

Case Details

Full title:The PEOPLE, etc., respondent, v. Richard GARDNER, appellant.

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

Date published: Dec 27, 2017

Citations

156 A.D.3d 901 (N.Y. App. Div. 2017)
156 A.D.3d 901