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People v. Leach

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 25, 2018
2018 N.Y. Slip Op. 2807 (N.Y. App. Div. 2018)

Opinion

2016–09433 Ind. No. 457/15

04-25-2018

The PEOPLE, etc., respondent, v. Nakia LEACH, appellant.

Seymour W. James, Jr., New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the brief), for respondent.


Seymour W. James, Jr., New York, N.Y. (Joanne Legano Ross of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the brief), for respondent.

JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, JEFFREY A. COHEN, BETSY BARROS, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County ( Martin P. Murphy, J.), rendered August 5, 2016, convicting him of criminal possession of a weapon 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 he 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. ; 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 ).

LEVENTHAL, J.P., AUSTIN, COHEN, BARROS and CHRISTOPHER, JJ., concur.


Summaries of

People v. Leach

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 25, 2018
2018 N.Y. Slip Op. 2807 (N.Y. App. Div. 2018)
Case details for

People v. Leach

Case Details

Full title:The People of the State of New York, respondent, v. Nakia Leach, appellant.

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

Date published: Apr 25, 2018

Citations

2018 N.Y. Slip Op. 2807 (N.Y. App. Div. 2018)
72 N.Y.S.3d 456