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People v. Capers

Supreme Court, Appellate Division, Second Department, New York.
Jun 1, 2016
140 A.D.3d 787 (N.Y. App. Div. 2016)

Opinion

06-01-2016

The PEOPLE, etc., respondent, v. Deshone CAPERS, appellant.

Lynn W.L. Fahey, New York, NY, for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Slevin of counsel; Gregory Musso on the brief), for respondent.


Lynn W.L. Fahey, New York, NY, for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Slevin of counsel; Gregory Musso on the brief), for respondent.

Opinion Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sciarrino, J.), rendered March 10, 2015, convicting him of unauthorized use of a vehicle 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 she 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 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 ).

CHAMBERS, J.P., DICKERSON, HINDS–RADIX and CONNOLLY, JJ., concur.


Summaries of

People v. Capers

Supreme Court, Appellate Division, Second Department, New York.
Jun 1, 2016
140 A.D.3d 787 (N.Y. App. Div. 2016)
Case details for

People v. Capers

Case Details

Full title:The PEOPLE, etc., respondent, v. Deshone CAPERS, appellant.

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

Date published: Jun 1, 2016

Citations

140 A.D.3d 787 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 4233
30 N.Y.S.3d 889