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People v. Laboy

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 544 (N.Y. App. Div. 2019)

Opinion

2016-03683 Ind. No. 2903/14

07-03-2019

The PEOPLE, etc., Respondent, v. Angel LABOY, Appellant.

Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Eric C. Washer of counsel; Dylan Evans on the brief), for respondent.


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

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Eric C. Washer of counsel; Dylan Evans on the brief), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry Kron, J.), rendered March 2, 2016, convicting him of criminal sale of a controlled substance 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 defendant.

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, 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 ).

DILLON, J.P., AUSTIN, ROMAN, MALTESE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Laboy

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 544 (N.Y. App. Div. 2019)
Case details for

People v. Laboy

Case Details

Full title:The People of the State of New York, respondent, v. Angel Laboy, appellant.

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

Date published: Jul 3, 2019

Citations

174 A.D.3d 544 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 5421
101 N.Y.S.3d 636