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People v. Aguilar-Gallardo

Supreme Court, Appellate Division, Second Department, New York.
Oct 11, 2017
154 A.D.3d 773 (N.Y. App. Div. 2017)

Opinion

10-11-2017

The PEOPLE, etc., 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.


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

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

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 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 ).

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


Summaries of

People v. Aguilar-Gallardo

Supreme Court, Appellate Division, Second Department, New York.
Oct 11, 2017
154 A.D.3d 773 (N.Y. App. Div. 2017)
Case details for

People v. Aguilar-Gallardo

Case Details

Full title:The PEOPLE, etc., respondent, v. Carlos AGUILAR–GALLARDO, appellant.

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

Date published: Oct 11, 2017

Citations

154 A.D.3d 773 (N.Y. App. Div. 2017)
61 N.Y.S.3d 512