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People v. Giese

Supreme Court of New York, Second Department
Nov 22, 2023
221 A.D.3d 912 (N.Y. App. Div. 2023)

Opinion

2021–06409, 2021–06411 Ind. No. 1170/19, S.C.I. No. 1636/19

11-22-2023

The PEOPLE, etc., respondent, v. Justin GIESE, appellant.

Michelle Parisien, South Jamesport, NY, for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent.


Michelle Parisien, South Jamesport, NY, for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent.

COLLEEN D. DUFFY, J.P., JOSEPH J. MALTESE, JANICE A. TAYLOR, LOURDES M. VENTURA, JJ.

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Suffolk County ( Mark D. Cohen, J., at pleas; Richard Ambro, J., at sentences), both rendered August 19, 2021, convicting him of attempted conspiracy in the second degree under Indictment No. 1170/19, and criminal possession of a controlled substance in the fourth degree under Superior Court Information No. 1636/19, upon his pleas of guilty, and imposing sentences. 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 judgements are 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 ).

DUFFY, J.P., MALTESE, TAYLOR and VENTURA, JJ., concur.


Summaries of

People v. Giese

Supreme Court of New York, Second Department
Nov 22, 2023
221 A.D.3d 912 (N.Y. App. Div. 2023)
Case details for

People v. Giese

Case Details

Full title:The People of the State of New York, respondent, v. Justin Giese…

Court:Supreme Court of New York, Second Department

Date published: Nov 22, 2023

Citations

221 A.D.3d 912 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 6056
201 N.Y.S.3d 97

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