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People v. Arias

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 7, 2018
166 A.D.3d 642 (N.Y. App. Div. 2018)

Opinion

2016–03899 S.C.I. No. 10441/15

11-07-2018

The PEOPLE, etc., Respondent, v. Brian ARIAS, Appellant.

The Legal Aid Society, New York, N.Y. (Elizabeth L. Isaacs of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Kathleen Halliday on the brief), for respondent.


The Legal Aid Society, New York, N.Y. (Elizabeth L. Isaacs of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Kathleen Halliday on the brief), for respondent.

REINALDO E. RIVERA, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Suzanne Melendez, J.), rendered March 23, 2016, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty ( Stephanie Zaro, J.), 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 it 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. Counsel has informed this Court that the defendant has not authorized counsel to raise any issues related to the imposition of the promised enhanced sentence. Upon an independent review of the record, we conclude that there are no remaining nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see id. ; People v. Singleton , 129 A.D.3d 871, 9 N.Y.S.3d 882 ; 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 ).

RIVERA, J.P., MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Arias

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 7, 2018
166 A.D.3d 642 (N.Y. App. Div. 2018)
Case details for

People v. Arias

Case Details

Full title:The People of the State of New York, respondent, v. Brian Arias, appellant.

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

Date published: Nov 7, 2018

Citations

166 A.D.3d 642 (N.Y. App. Div. 2018)
166 A.D.3d 642
2018 N.Y. Slip Op. 7442