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People v. DeCosta

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 5, 2019
173 A.D.3d 763 (N.Y. App. Div. 2019)

Opinion

2017–06088

06-05-2019

The PEOPLE, etc., Respondent, v. Luz DECOSTA, Appellant. (S.C.I. No. 90025/17)

Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Alan J. Meyer, J.), rendered May 5, 2017, convicting her of criminal possession of a controlled substance in the third degree, upon her 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 he 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 id. ; 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 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. DeCosta

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 5, 2019
173 A.D.3d 763 (N.Y. App. Div. 2019)
Case details for

People v. DeCosta

Case Details

Full title:The People of the State of New York, respondent, v. Luz Decosta, appellant.

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

Date published: Jun 5, 2019

Citations

173 A.D.3d 763 (N.Y. App. Div. 2019)
173 A.D.3d 763
2019 N.Y. Slip Op. 4401