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People v. Gertz

Supreme Court, Appellate Division, Second Department, New York.
Mar 6, 2012
93 A.D.3d 679 (N.Y. App. Div. 2012)

Opinion

2012-03-6

The PEOPLE, etc., respondent, v. Christopher GERTZ, Jr., appellant.

Terry D. Horner, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.


Terry D. Horner, Poughkeepsie, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered July 16, 2009, 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 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 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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., ENG, CHAMBERS, SGROI and MILLER, JJ., concur.


Summaries of

People v. Gertz

Supreme Court, Appellate Division, Second Department, New York.
Mar 6, 2012
93 A.D.3d 679 (N.Y. App. Div. 2012)
Case details for

People v. Gertz

Case Details

Full title:The PEOPLE, etc., respondent, v. Christopher GERTZ, Jr., appellant.

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

Date published: Mar 6, 2012

Citations

93 A.D.3d 679 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 1684
938 N.Y.S.2d 921