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People v. Kinney

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Sep 29, 2017
68 N.Y.S.3d 380 (N.Y. App. Term 2017)

Opinion

No. 2015–827RICR.

09-29-2017

The PEOPLE of the State of New York, Respondent, v. Todd KINNEY, Appellant.

Appellate Advocates (Lauren E. Jones, Esq.), for appellant. District Attorney Richmond County (Morrie I. Kleinbart, Anne Grady of counsel), for respondent.


Appellate Advocates (Lauren E. Jones, Esq.), for appellant.

District Attorney Richmond County (Morrie I. Kleinbart, Anne Grady of counsel), for respondent.

Present: MICHAEL L. PESCE, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ.

Appeal from a judgment of the Criminal Court of the City of New York, Richmond County (Raymond Rodriguez, J.), rendered March 10, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the third degree. 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.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2011] ; People v. Paige, 54 A.D.2d 631 [1976] ; cf. People v. Gonzalez, 47 N.Y.2d 606 [1979] ).

PESCE, P.J., WESTON and ELLIOT, JJ., concur.


Summaries of

People v. Kinney

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Sep 29, 2017
68 N.Y.S.3d 380 (N.Y. App. Term 2017)
Case details for

People v. Kinney

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Todd KINNEY, Appellant.

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Sep 29, 2017

Citations

68 N.Y.S.3d 380 (N.Y. App. Term 2017)