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People v. Aguilar-Gallardo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 11, 2017
2017 N.Y. Slip Op. 7134 (N.Y. App. Div. 2017)

Opinion

2015-09510

10-11-2017

The People of the State of New York, respondent, v. Carlos Aguilar-Gallardo, appellant.

Joseph F. DeFelice, Kew Gardens, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Sarah S. Rabinowitz and Hilda Mortensen of counsel), for respondent.


SANDRA L. SGROI JOSEPH J. MALTESE BETSY BARROS LINDA CHRISTOPHER, JJ. (S.C.I. No. 1851/14)

Joseph F. DeFelice, Kew Gardens, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Sarah S. Rabinowitz and Hilda Mortensen of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Corrigan, J.), rendered March 27, 2015, convicting him of attempted rape in the third degree and harassment 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 US 738), 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 US 738), 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 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

DILLON, J.P., SGROI, MALTESE, BARROS and CHRISTOPHER, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Aguilar-Gallardo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 11, 2017
2017 N.Y. Slip Op. 7134 (N.Y. App. Div. 2017)
Case details for

People v. Aguilar-Gallardo

Case Details

Full title:The People of the State of New York, respondent, v. Carlos…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 11, 2017

Citations

2017 N.Y. Slip Op. 7134 (N.Y. App. Div. 2017)