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People v. Santana

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 641 (N.Y. App. Div. 2001)

Opinion

January 31, 2001.

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered May 4, 1998, convicting him of robbery in the first degree and burglary in the first degree, upon his plea of guilty, and imposing sentence.

Sally Wasserman, Westbury, N.Y., for appellant, and appellant pro se.

Denis Dillon, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio, Alexis Kriedman, and Daniel T. Butler of counsel), for respondent.

Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631).

The defendant has raised no nonfrivolous issues in his supplemental pro se brief. The defendant's contentions that the defense counsel failed to effectuate his request to testify before the Grand Jury and made statements that coerced his plea involve factual matters which are dehors the record. Such claims are not properly before this court on direct appeal (see, People v. Grazzette, 211 A.D.2d 822; People v. Dyson, 200 A.D.2d 756).


Summaries of

People v. Santana

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2001
279 A.D.2d 641 (N.Y. App. Div. 2001)
Case details for

People v. Santana

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JUAN SANTANA, appellant. (Ind. No. 99325)

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

Date published: Jan 31, 2001

Citations

279 A.D.2d 641 (N.Y. App. Div. 2001)
719 N.Y.S.2d 879

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