From Casetext: Smarter Legal Research

People v. Myrick

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1979
70 A.D.2d 833 (N.Y. App. Div. 1979)

Opinion

June 26, 1979


Judgment, Supreme Court, Bronx County, rendered September 23, 1977, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to four to eight years thereupon, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is denied. The disposition of this appeal was held in abeyance and counsel's motion to withdraw denied because of his failure to recite "`the underlying facts and [to highlight] anything in the record that might arguably support the appeal.'" (People v. Myrick, 69 A.D.2d 804; see People v. Saunders, 52 A.D.2d 833.) Counsel was directed to review the record and serve and file an adequate brief. He has now submitted a supplemental brief, alleging that after further review he believes that there are no nonfrivolous issues, and renews his motion to withdraw. Although there are issues which, arguably, lend themselves to appellate presentation, our review of the record indicates that they do not warrant reversal. Therefore, it is not necessary to relieve present counsel and assign new counsel. In the light of our conclusion, counsel's motion to withdraw must be denied. (See Anders v. California, 386 U.S. 738; People v. Saunders, supra.)

Concur — Sullivan, J.P., Bloom, Lane, Markewich and Silverman, JJ.


Summaries of

People v. Myrick

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1979
70 A.D.2d 833 (N.Y. App. Div. 1979)
Case details for

People v. Myrick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN MYRICK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 26, 1979

Citations

70 A.D.2d 833 (N.Y. App. Div. 1979)

Citing Cases

People v. Velez

In the light of our conclusion, counsel's motion to withdraw should be denied. (People v Guzman, 71 A.D.2d…

People v. Guzman

In the light of our conclusion, counsel's motion to withdraw should be denied. (People v Myrick, 70 A.D.2d…