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People v. Scales

Supreme Court, Appellate Division, Second Department, New York.
Nov 7, 2012
100 A.D.3d 662 (N.Y. App. Div. 2012)

Opinion

2012-11-7

The PEOPLE, etc., respondent, v. Darren SCALES, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.


Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ambro, J.), rendered November 30, 2010, convicting him of assault in the second degree (two counts), 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 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 appeal. Counsel's application for leave *895to 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).

DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.


Summaries of

People v. Scales

Supreme Court, Appellate Division, Second Department, New York.
Nov 7, 2012
100 A.D.3d 662 (N.Y. App. Div. 2012)
Case details for

People v. Scales

Case Details

Full title:The PEOPLE, etc., respondent, v. Darren SCALES, appellant.

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

Date published: Nov 7, 2012

Citations

100 A.D.3d 662 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 7324
952 N.Y.S.2d 894