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People v. Montgomery

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 26, 2017
2017 N.Y. Slip Op. 3197 (N.Y. App. Div. 2017)

Opinion

2016-02405

04-26-2017

The People of the State of New York, respondent, v. Tasheem H. Montgomery, appellant.

Lynn W. L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Jacob Wells on the brief), for respondent.


JOHN M. LEVENTHAL L. PRISCILLA HALL JEFFREY A. COHEN, JJ. (S.C.I. No. 2231/15)

Lynn W. L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Jacob Wells on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin-Brandt, J., at plea; Zaro, J., at sentence), rendered February 10, 2016, 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 US 738), in which she 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 US 738), 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 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

MASTRO, J.P., LEVENTHAL, HALL and COHEN, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Montgomery

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 26, 2017
2017 N.Y. Slip Op. 3197 (N.Y. App. Div. 2017)
Case details for

People v. Montgomery

Case Details

Full title:The People of the State of New York, respondent, v. Tasheem H. Montgomery…

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

Date published: Apr 26, 2017

Citations

2017 N.Y. Slip Op. 3197 (N.Y. App. Div. 2017)