Opinion
No. 2022-271 W CR
03-02-2023
The People of the State of New York, Respondent, v. Sana Gilani, Appellant.
Thomas R. Villecco, for appellant. Westchester County District Attorney, for respondent (no brief filed).
Unpublished Opinion
Thomas R. Villecco, for appellant.
Westchester County District Attorney, for respondent (no brief filed).
PRESENT:: JERRY GARGUILO, P.J., TIMOTHY S. DRISCOLL, JAMES P. McCORMACK, JJ
Appeal from judgments of the Justice Court of the Town of North Castle, Westchester County (Elyse Lazansky, J.), rendered April 5, 2022. The judgments, respectively, convicted defendant, upon her plea of guilty, of criminal possession of a controlled substance in the seventh degree and, allegedly, another offense, and a sentence was imposed. Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738 [1967]), seeking leave to withdraw as counsel.
ORDERED that the appeal is held in abeyance, the application by assigned counsel for leave to withdraw as counsel is granted and new counsel is assigned pursuant to article 18-B of the County Law to prosecute the appeal;
Steven A. Feldman, Esq.
Feldman and Feldman
1129 Northern Boulevard, Suite 404
Manhasset, NY 11030
Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel. New counsel is directed to serve and file a brief within 90 days after the date of this order and decision. The People may serve and file a respondent's brief within 21 days after the service upon them of the appellant's brief. Appellant's new counsel, if so advised, may serve and file a reply brief within seven days after service of the respondent's brief.
Assigned counsel submitted an Anders brief setting forth the conclusion that there exist no nonfrivolous issues that could be raised on appeal (see Anders v California, 386 U.S. 738 [1967]). Appellate counsel states in his brief that defendant was convicted of disorderly conduct (Penal Law § 240.20 [6]), in addition to criminal possession of a controlled substance in the seventh degree. A review of the record, however, reveals the existence of at least one possible nonfrivolous issue. While defendant pleaded guilty to disorderly conduct, there is an indication in the record that she was instead convicted of criminal possession of a hypodermic instrument (Penal Law § 220.45), and yet defendant was not sentenced on either. Moreover, there is no indication that defendant ever pleaded guilty to criminal possession of a hypodermic instrument.
Accordingly, we hold the appeal in abeyance, grant assigned counsel's application for leave to withdraw as counsel and assign new counsel to ascertain whether defendant desires to raise the issue set forth above, and to prosecute the appeal on defendant's behalf with respect to this issue or any other issue that can be identified.
GARGUILO, P.J., DRISCOLL and McCORMACK, JJ., concur.