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People v. Castaldo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 25, 2017
2017 N.Y. Slip Op. 7450 (N.Y. App. Div. 2017)

Opinion

2016-05584 2016-05588 2017-10359 2017-10360

10-25-2017

The People of the State of New York, respondent, v. Michael Castaldo, appellant.

Richard L. Herzfeld, New York, NY, for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.


SHERI S. ROMAN JOSEPH J. MALTESE HECTOR D. LASALLE, JJ.

Richard L. Herzfeld, New York, NY, for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant from (1) two amended judgments of the Supreme Court, Suffolk County (Cohen, J.), both rendered April 7, 2016, revoking sentences of probation previously imposed by the same court, upon a finding that he violated conditions thereof, upon his admission, and imposing sentences of imprisonment upon his previous convictions of attempted burglary in the second degree under Indictment No. 1622-12, and forcible touching and resisting arrest under Superior Court Information No. 2067-12, and (2) two judgments of the same court, also both rendered April 7, 2016, convicting him of criminal mischief in the fourth degree under Superior Court Information No. 1596-15 and attempted robbery in the first degree under Indictment No. 2274-15, upon his pleas of guilty, and imposing sentences. 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 amended judgments and the judgments are 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 the appeals. 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).

RIVERA, J.P., ROMAN, MALTESE and LASALLE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Castaldo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 25, 2017
2017 N.Y. Slip Op. 7450 (N.Y. App. Div. 2017)
Case details for

People v. Castaldo

Case Details

Full title:The People of the State of New York, respondent, v. Michael Castaldo…

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

Date published: Oct 25, 2017

Citations

2017 N.Y. Slip Op. 7450 (N.Y. App. Div. 2017)