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People v. Garcia

Supreme Court of New York, Appellate Division, Second Department
Oct 21, 2021
No. 2021-51026 (N.Y. App. Div. Oct. 21, 2021)

Opinion

2021-51026

10-21-2021

The People of the State of New York, Respondent, v. Sebastian Garcia, Appellant.

John Savoca, for appellant. Westchester County District Attorney, for respondent (no brief filed).


Unpublished Opinion

John Savoca, for appellant.

Westchester County District Attorney, for respondent (no brief filed).

PRESENT: TERRY JANE RUDERMAN, P.J., TIMOTHY S. DRISCOLL, HELEN VOUTSINAS, JJ.

Appeal from an amended judgment of the Justice Court of the Village of Tarrytown, Westchester County (Kyle C. McGovern, J.), rendered November 27, 2019. The amended judgment revoked a sentence of probation previously imposed, upon a finding that defendant had violated a condition thereof, upon his admission, and resentenced defendant to six months' imprisonment. Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738 [1967]), seeking leave to withdraw as counsel.

ORDERED that the judgment of conviction is affirmed.

We are satisfied with the sufficiency of the brief filed by defendant's assigned counsel pursuant to Anders v California (386 U.S. 738 [1967]), 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.; People v Murray, 169 A.D.3d 227 [2019]; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252 [2011]; People v Paige, 54 A.D.2d 631 [1976]; cf. People v Gonzalez, 47 N.Y.2d 606 [1979]).

RUDERMAN, P.J., DRISCOLL and VOUTSINAS, JJ., concur.


Summaries of

People v. Garcia

Supreme Court of New York, Appellate Division, Second Department
Oct 21, 2021
No. 2021-51026 (N.Y. App. Div. Oct. 21, 2021)
Case details for

People v. Garcia

Case Details

Full title:The People of the State of New York, Respondent, v. Sebastian Garcia…

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

Date published: Oct 21, 2021

Citations

No. 2021-51026 (N.Y. App. Div. Oct. 21, 2021)