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People v. Booker

Supreme Court, Appellate Division, Second Department, New York.
Feb 7, 2012
92 A.D.3d 686 (N.Y. App. Div. 2012)

Opinion

2012-02-7

The PEOPLE, etc., respondent, v. Kisha BOOKER, appellant.

Karl E. Bonheim, Riverhead, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.


Karl E. Bonheim, Riverhead, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Suffolk County (Hinrichs, J.), rendered January 18, 2011, convicting her of attempted criminal possession of a forged instrument in the second degree under Superior Court Information No. 2887/10, upon her plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered January 18, 2011, revoking a sentence of probation previously imposed by the same court, upon her admission that she had violated a condition thereof, and imposing a sentence of imprisonment upon her previous conviction of grand larceny in the fourth degree under Indictment No. 915/09. 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 appellant.

ORDERED that the judgment and the amended judgment are 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 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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., BALKIN, BELEN and AUSTIN, JJ., concur.


Summaries of

People v. Booker

Supreme Court, Appellate Division, Second Department, New York.
Feb 7, 2012
92 A.D.3d 686 (N.Y. App. Div. 2012)
Case details for

People v. Booker

Case Details

Full title:The PEOPLE, etc., respondent, v. Kisha BOOKER, appellant.

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

Date published: Feb 7, 2012

Citations

92 A.D.3d 686 (N.Y. App. Div. 2012)
937 N.Y.S.2d 874
2012 N.Y. Slip Op. 972