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People v. Cabell

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 13, 2017
2017 N.Y. Slip Op. 8677 (N.Y. App. Div. 2017)

Opinion

2015-12324

12-13-2017

The People of the State of New York, respondent, v. Derrell Cabell, appellant.

Alexander Ayoub, White Plains, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent (no brief filed).


SANDRA L. SGROI SYLVIA O. HINDS-RADIX ANGELA G. IANNACCI, JJ. (Ind. No. 15-00219)

Alexander Ayoub, White Plains, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent (no brief filed).

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Everett, J.), rendered October 29, 2015, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), 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 US 738), 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; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

AUSTIN, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Cabell

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 13, 2017
2017 N.Y. Slip Op. 8677 (N.Y. App. Div. 2017)
Case details for

People v. Cabell

Case Details

Full title:The People of the State of New York, respondent, v. Derrell Cabell…

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

Date published: Dec 13, 2017

Citations

2017 N.Y. Slip Op. 8677 (N.Y. App. Div. 2017)