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People v. Gomez

Supreme Court, Appellate Division, Second Department, New York.
Jun 17, 2015
129 A.D.3d 988 (N.Y. App. Div. 2015)

Opinion

2015-06-17

The PEOPLE, etc., respondent, v. Santiago GOMEZ, appellant.

Michael F. Dailey, Bronx, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.


Michael F. Dailey, Bronx, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.

Appeal by the defendant from an amended judgment of the Supreme Court, Westchester County (Zambelli, J.), rendered July 30, 2013, convicting him of attempted criminal possession of a weapon 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 amended 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 the appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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; People v. Sedita, 113 A.D.3d 638, 978 N.Y.S.2d 318).

SKELOS, J.P., DICKERSON, HALL and MALTESE, JJ., concur.


Summaries of

People v. Gomez

Supreme Court, Appellate Division, Second Department, New York.
Jun 17, 2015
129 A.D.3d 988 (N.Y. App. Div. 2015)
Case details for

People v. Gomez

Case Details

Full title:The PEOPLE, etc., respondent, v. Santiago GOMEZ, appellant.

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

Date published: Jun 17, 2015

Citations

129 A.D.3d 988 (N.Y. App. Div. 2015)
129 A.D.3d 988
2015 N.Y. Slip Op. 5205