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People v. DeLeon

Supreme Court, Appellate Division, Second Department, New York.
Jan 18, 2017
146 A.D.3d 899 (N.Y. App. Div. 2017)

Opinion

01-18-2017

The PEOPLE, etc., respondent, v. Jesus DeLEON, appellant.

Thomas R. Villecco, Jericho, N.Y., for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and Laurie Sapakoff of counsel), for respondent.


Thomas R. Villecco, Jericho, N.Y., for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and Laurie Sapakoff of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Everett, J.), rendered January 8, 2015, convicting him of attempted criminal possession of a controlled substance 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 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 ).

LEVENTHAL, J.P., AUSTIN, COHEN, HINDS–RADIX and LaSALLE, JJ., concur.


Summaries of

People v. DeLeon

Supreme Court, Appellate Division, Second Department, New York.
Jan 18, 2017
146 A.D.3d 899 (N.Y. App. Div. 2017)
Case details for

People v. DeLeon

Case Details

Full title:The PEOPLE, etc., respondent, v. Jesus DeLEON, appellant.

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

Date published: Jan 18, 2017

Citations

146 A.D.3d 899 (N.Y. App. Div. 2017)
146 A.D.3d 899
2017 N.Y. Slip Op. 318