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People v. Small

Supreme Court, Appellate Division, Second Department, New York.
Nov 22, 2017
63 N.Y.S.3d 892 (N.Y. App. Div. 2017)

Opinion

11-22-2017

The PEOPLE, etc., respondent, v. Joseph SMALL, appellant.

Paul Skip Laisure, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Marina Kosmetatos on the brief), for respondent.


Paul Skip Laisure, New York, NY, for appellant.Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Marina Kosmetatos on the brief), for respondent.

Appeals by the defendant from two judgments of the Supreme Court, Queens County (Koenderman, J.), both rendered January 12, 2016, convicting him of attempted robbery in the third degree under S.C.I. No. 2784/15, and criminal contempt in the first degree under S.C.I. No. 2789/15, upon his pleas of guilty, and imposing sentences. 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 defendant.

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 to withdraw as counsel is, therefore, granted (see id.; 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 ).

LEVENTHAL, J.P., AUSTIN, COHEN and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Small

Supreme Court, Appellate Division, Second Department, New York.
Nov 22, 2017
63 N.Y.S.3d 892 (N.Y. App. Div. 2017)
Case details for

People v. Small

Case Details

Full title:The PEOPLE, etc., respondent, v. Joseph SMALL, appellant.

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

Date published: Nov 22, 2017

Citations

63 N.Y.S.3d 892 (N.Y. App. Div. 2017)