From Casetext: Smarter Legal Research

People v. Humphrey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 23, 2019
176 A.D.3d 1103 (N.Y. App. Div. 2019)

Opinion

2017–05456 Ind. No. 10314/16

10-23-2019

The PEOPLE, etc., Respondent, v. Rodrick HUMPHREY, Appellant.

Janet E. Sabel, New York, N.Y. (Kristina Schwarz ), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jonathan K. Yi of counsel; Deanna Russo on the brief), for respondent.


Janet E. Sabel, New York, N.Y. (Kristina Schwarz ), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jonathan K. Yi of counsel; Deanna Russo on the brief), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry Kron, J.), rendered March 21, 2017, convicting him of criminal possession of a controlled substance in the fifth 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.; People v. Murray, 169 A.D.3d 227, 93 N.Y.S.3d 694 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Humphrey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 23, 2019
176 A.D.3d 1103 (N.Y. App. Div. 2019)
Case details for

People v. Humphrey

Case Details

Full title:The People of the State of New York, respondent, v. Rodrick Humphrey…

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

Date published: Oct 23, 2019

Citations

176 A.D.3d 1103 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 7607
108 N.Y.S.3d 878