Opinion
2014-04-2
The PEOPLE, etc., respondent, v. JOSHUA B. (Anonymous), appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J., at plea; Mondo, J., at sentence), rendered September 26, 2012, convicting him of robbery 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 motion of Lynn W.L. Fahey for leave to withdraw as counsel is granted, and she is directed to turn over all papers in her possession to new counsel assigned herein; and it is further,
ORDERED that Scott A. Rosenberg, General Counsel, the Legal Aid Society, 199 Water Street, 5th Floor, New York, N.Y., 10038, is assigned as counsel to perfect the appeal; and it is further,
ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant's new assigned counsel; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated May 3, 2013, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.
The brief submitted by the appellant's counsel pursuant to Anders v. California, 386 U.S. 378, 87 S.Ct. 1396, 18 L.Ed.2d 493, which contains no citations to legal authority, was deficient because it failed to analyze potential appellate issues or highlight facts in the record that might arguably support the appeal ( see People v. McNair, 110 A.D.3d 742, 971 N.Y.S.2d 889;People v. Singleton, 101 A.D.3d 909, 910, 954 N.Y.S.2d 910;Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 256, 931 N.Y.S.2d 676;see also People v. Sedita, 113 A.D.3d 638, 978 N.Y.S.2d 318;People v. McNair, 110 A.D.3d 742, 971 N.Y.S.2d 889). Since the brief does not demonstrate that assigned counsel fulfilled her obligations under Anders v. California,we must assign new counsel to represent the appellant ( see People v. McNair, 110 A.D.3d 742, 971 N.Y.S.2d 889;People v. Singleton, 101 A.D.3d at 910, 954 N.Y.S.2d 910;Matter of Giovanni S. [Jasmin A.], 89 A.D.3d at 258, 931 N.Y.S.2d 676). HALL, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.