Opinion
2017–08629 Ind. No. 16–00400
10-06-2021
The PEOPLE, etc., respondent, v. James SANDERS, appellant.
Alan McGeorge, Nanuet, NY, for appellant. Thomas E. Walsh II, District Attorney, New City, N.Y. (Tina L. Guccione of counsel), for respondent.
Alan McGeorge, Nanuet, NY, for appellant.
Thomas E. Walsh II, District Attorney, New City, N.Y. (Tina L. Guccione of counsel), for respondent.
MARK C. DILLON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION Appeal by the defendant from a judgment of the County Court, Rockland County ( Kevin F. Russo, J.), rendered July 5, 2017, convicting him of 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 motion of Alan McGeorge for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to the appellant's new counsel assigned herein; and it is further,
ORDERED that Warren S. Hecht, 118–21 Queens Blvd., Suite 518, Forest Hills, N.Y. 11375, is assigned as counsel to perfect the appeal; and it is further,
ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant's new assigned counsel; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated June 12, 2018, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties. The parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other (see 22 NYCRR 670.9 [a]). The brief submitted by the defendant's assigned counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 is deficient in that it fails to analyze potential appellate issues, with reference to the facts of the case and relevant legal authority. Since the brief does not demonstrate that assigned counsel fulfilled his obligations under Anders v. California, we must assign new counsel to represent the defendant (see Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 258, 931 N.Y.S.2d 676 ).
DILLON, J.P., IANNACCI, CHRISTOPHER and WOOTEN, JJ., concur.