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People v. Espinosa

Supreme Court, Appellate Division, Second Department, New York.
Nov 24, 2021
199 A.D.3d 1013 (N.Y. App. Div. 2021)

Opinion

2017–13076 S.C.I. No. 2853/14

11-24-2021

The PEOPLE, etc., respondent, v. Manuel ESPINOSA, appellant.

Patricia Pazner, New York, NY (Martin B. Sawyer of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.


Patricia Pazner, New York, NY (Martin B. Sawyer of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.

CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Frederick C. Arriaga, J.), rendered October 25, 2017, as amended December 21, 2017, convicting him of criminal possession of a controlled substance in the fifth 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 she moves for leave to withdraw as counsel for the appellant.

ORDERED that the judgment, as amended, 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 agree 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 ).

CHAMBERS, J.P., AUSTIN, DUFFY, BARROS and FORD, JJ., concur.


Summaries of

People v. Espinosa

Supreme Court, Appellate Division, Second Department, New York.
Nov 24, 2021
199 A.D.3d 1013 (N.Y. App. Div. 2021)
Case details for

People v. Espinosa

Case Details

Full title:The PEOPLE, etc., respondent, v. Manuel ESPINOSA, appellant.

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

Date published: Nov 24, 2021

Citations

199 A.D.3d 1013 (N.Y. App. Div. 2021)
154 N.Y.S.3d 794