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People v. Banks

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
May 25, 2016
2016 N.Y. Slip Op. 50837 (N.Y. App. Term 2016)

Opinion

No. 2013–2725 W CR.

05-25-2016

The PEOPLE of the State of New York, Respondent, v. Davon Howard BANKS, Appellant.


Appeal from three judgments of the Justice Court of the Town of Mount Pleasant, Westchester County (Nicholas C. Masselli, J.), rendered October 31, 2013. The judgments convicted defendant, upon his pleas of guilty, of two charges of obstructing governmental administration in the second degree and one charge of assault in the third degree, respectively. Defendant's appellate counsel has submitted a brief in accordance with Anders v. California (386 U.S. 738 [1967] ) seeking leave to withdraw as counsel.

ORDERED that the judgment of conviction is affirmed.

We are satisfied with the sufficiency of the brief filed by defendant's assigned counsel pursuant to Anders v. California (386 U.S. 738 [1967] ), 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 [2011] ; People v. Paige, 54 A.D.2d 631 [1976] ; cf. People v. Gonzalez, 47 N.Y.2d 606 [1979] ).

IANNACCI, J.P., MARANO and TOLBERT, JJ., concur.


Summaries of

People v. Banks

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
May 25, 2016
2016 N.Y. Slip Op. 50837 (N.Y. App. Term 2016)
Case details for

People v. Banks

Case Details

Full title:The People of the State of New York, Respondent, v. Davon Howard Banks…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: May 25, 2016

Citations

2016 N.Y. Slip Op. 50837 (N.Y. App. Term 2016)
41 N.Y.S.3d 450