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People v. Castro

Supreme Court of New York, Second Department
Dec 27, 2023
222 A.D.3d 991 (N.Y. App. Div. 2023)

Opinion

No. 2022-05722 Ind. No. 248/21

12-27-2023

The People of the State of New York, respondent, v. David Castro, appellant.

Thomas R. Villecco, Jericho, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent (no brief filed).


Thomas R. Villecco, Jericho, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent (no brief filed).

ANGELA G. IANNACCI, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, CARL J. LANDICINO, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered April 28, 2022, convicting him of aggravated driving while intoxicated, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment is affirmed.

We are satisfied with the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 U.S. 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 A.D.3d 252; People v Paige, 54 A.D.2d 631; cf. People v Gonzalez, 47 N.Y.2d 606).

IANNACCI, J.P., CHAMBERS, CHRISTOPHER and LANDICINO, JJ., concur.


Summaries of

People v. Castro

Supreme Court of New York, Second Department
Dec 27, 2023
222 A.D.3d 991 (N.Y. App. Div. 2023)
Case details for

People v. Castro

Case Details

Full title:The People of the State of New York, respondent, v. David Castro…

Court:Supreme Court of New York, Second Department

Date published: Dec 27, 2023

Citations

222 A.D.3d 991 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 6749
200 N.Y.S.3d 105