From Casetext: Smarter Legal Research

People v. Francis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 11, 2019
178 A.D.3d 848 (N.Y. App. Div. 2019)

Opinion

2016–09967 Ind. No. 2614/16

12-11-2019

The PEOPLE, etc., Respondent, v. Dwayne FRANCIS, Appellant.

Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County ( Matthew D'Emic, J.), rendered September 7, 2016, convicting him of criminal contempt in the first 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 ).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Francis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 11, 2019
178 A.D.3d 848 (N.Y. App. Div. 2019)
Case details for

People v. Francis

Case Details

Full title:The People of the State of New York, respondent, v. Dwayne Francis…

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

Date published: Dec 11, 2019

Citations

178 A.D.3d 848 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 8861
111 N.Y.S.3d 547