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People v. Burch

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 10, 2019
174 A.D.3d 639 (N.Y. App. Div. 2019)

Opinion

2018-03216 Ind. No. 929/17

07-10-2019

The PEOPLE, etc., Respondent, v. Tyrone BURCH, Appellant.

Michael A. Ciaffa, Uniondale, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.


Michael A. Ciaffa, Uniondale, NY, for appellant.

Madeline Singas, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. Schwartz, J.), rendered February 14, 2018, convicting him of attempted criminal possession of a controlled substance in the third 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 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, 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., AUSTIN, ROMAN, MALTESE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Burch

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 10, 2019
174 A.D.3d 639 (N.Y. App. Div. 2019)
Case details for

People v. Burch

Case Details

Full title:The People of the State of New York, respondent, v. Tyrone Burch…

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

Date published: Jul 10, 2019

Citations

174 A.D.3d 639 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 5557
101 N.Y.S.3d 872

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