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People v. Burgess

Supreme Court, Appellate Division, Second Department, New York.
Dec 13, 2017
156 A.D.3d 714 (N.Y. App. Div. 2017)

Opinion

2016–06506 Ind. No. 6230/15

12-13-2017

The PEOPLE, etc., respondent, v. Rico BURGESS, appellant.

Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


Paul Skip Laisure, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

MARK C. DILLON, J.P. SANDRA L. SGROI JOSEPH J. MALTESE BETSY BARROS LINDA CHRISTOPHER, JJ.

DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Kings County (Gubbay, J.), rendered March 7, 2016, convicting him of criminal possession of a controlled substance in the seventh 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 defendant.

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., SGROI, MALTESE, BARROS and CHRISTOPHER, JJ., concur.


Summaries of

People v. Burgess

Supreme Court, Appellate Division, Second Department, New York.
Dec 13, 2017
156 A.D.3d 714 (N.Y. App. Div. 2017)
Case details for

People v. Burgess

Case Details

Full title:The PEOPLE, etc., respondent, v. Rico BURGESS, appellant.

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

Date published: Dec 13, 2017

Citations

156 A.D.3d 714 (N.Y. App. Div. 2017)
64 N.Y.S.3d 924