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People v. Garay

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 9, 2021
195 A.D.3d 748 (N.Y. App. Div. 2021)

Opinion

2018-05224 Ind. No. 4073/17

06-09-2021

The PEOPLE, etc., respondent, v. Pedro GARAY, appellant.

Janet E. Sabel, New York, N.Y. (Antonio Villaamil of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


Janet E. Sabel, New York, N.Y. (Antonio Villaamil 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., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County ( William Miller, J.), rendered January 24, 2018, convicting him of attempted burglary 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 she 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., HINDS–RADIX, CONNOLLY and IANNACCI, JJ., concur.


Summaries of

People v. Garay

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 9, 2021
195 A.D.3d 748 (N.Y. App. Div. 2021)
Case details for

People v. Garay

Case Details

Full title:The People of the State of New York, respondent, v. Pedro Garay, appellant.

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

Date published: Jun 9, 2021

Citations

195 A.D.3d 748 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 3609
145 N.Y.S.3d 410