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People v. Cross

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
Apr 6, 2016
36 N.Y.S.3d 408 (N.Y. App. Term 2016)

Opinion

No. 2013–2269 W CR No. 2013–2270 W CR.

04-06-2016

The PEOPLE of the State of New York, Respondent, v. Duane CROSS, Appellant. The People of the State of New York, Respondent, v. Duane Cross, Appellant.


Opinion

Appeals from two judgments of the City Court of Yonkers, Westchester County (Michael A. Martinelli, J. [appeal No.2013–2269 W CR] and Arthur J. Doran, III, J., at plea; Michael A. Martinelli, J., at sentence [appeal No.2013–2270 W CR] ), both rendered September 25, 2013. The judgments convicted defendant, upon his pleas of guilty, of criminal possession of a weapon in the fourth degree, and criminal trespass in the second degree, respectively. Assigned counsel has submitted a brief in accordance with Anders v.. California (386 U.S. 738 [1967] ), in which he seeks leave to withdraw as counsel.

ORDERED that, on the court's own motion, the appeals are consolidated for the purposes of disposition; and it is further,

ORDERED that the judgments of conviction are affirmed.

We are satisfied with the sufficiency of the brief filed by defendant's assigned counsel pursuant to Anders v. California (386 U.S. 738 [1967] ), 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 [2011] ; People v. Paige, 54 A.D.2d 631 [1976] ; cf. People v. Gonzalez, 47 N.Y.2d 606 [1979] ).

MARANO, P.J., IANNACCI and GARGUILO, JJ., concur.


Summaries of

People v. Cross

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
Apr 6, 2016
36 N.Y.S.3d 408 (N.Y. App. Term 2016)
Case details for

People v. Cross

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Duane CROSS…

Court:Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.

Date published: Apr 6, 2016

Citations

36 N.Y.S.3d 408 (N.Y. App. Term 2016)