From Casetext: Smarter Legal Research

People v. Barnes

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 2009
68 A.D.3d 447 (N.Y. App. Div. 2009)

Opinion

No. 1656.

December 3, 2009.

Judgment, Supreme Court, New York County (Eduardo Padro, J.), rendered on or about September 26, 2008, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Elaine Friedman of counsel), for appellant.

Saxe, J.P., Friedman, Acosta, Renwick, Abdus-Salaam, JJ.

Before: Saxe, J.P., Friedman, Acosta, Renwick and Abdus-Salaam, JJ.


Application by appellant's counsel to withdraw as counsel is granted ( see Anders v California, 386 US 738; People v Saunders, 52 AD2d 833). We have reviewed this record and agree with appellant's assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.


Summaries of

People v. Barnes

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 2009
68 A.D.3d 447 (N.Y. App. Div. 2009)
Case details for

People v. Barnes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC BARNES, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 3, 2009

Citations

68 A.D.3d 447 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8971
888 N.Y.S.2d 882

Citing Cases

Smith v. Peekskill Youth Bureau

In a breach of contract action, the plaintiffs have the burden of establishing "(1) the formation of a…