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People v. Lemoullec

Supreme Court, Appellate Division, Second Department, New York.
Jun 28, 2023
217 A.D.3d 967 (N.Y. App. Div. 2023)

Opinion

2019–01143, 2019–03010 Ind. Nos. 439/16, 452/18

06-28-2023

The PEOPLE, etc., respondent, v. Aimee J. LEMOULLEC, appellant.

Richard L. Herzfeld, New York, NY, for appellant, and appellant pro se. David M. Hoovler, District Attorney, Goshen, NY (Alexander J.H. Ochoa and Andrew R. Kass of counsel), for respondent.


Richard L. Herzfeld, New York, NY, for appellant, and appellant pro se.

David M. Hoovler, District Attorney, Goshen, NY (Alexander J.H. Ochoa and Andrew R. Kass of counsel), for respondent.

BETSY BARROS, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.

DECISION & ORDER Appeal by the defendant from (1) a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered December 18, 2018, convicting her of criminal possession of a weapon in the third degree under Indictment No. 452/18, upon her plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered December 18, 2018, revoking a sentence of probation previously imposed by the same court, upon a finding that she violated conditions thereof, upon her admission, and imposing a sentence of imprisonment upon her previous conviction of driving while intoxicated under Indictment No. 439/16.

ORDERED that the judgment and the amended judgment are 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 we have also reviewed the defendant's pro se supplemental brief (see Matter of Sylvie A.S. [Cynthia F. W.] , 209 A.D.3d 657, 174 N.Y.S.3d 871 ). 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 Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 ; 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 ).

BARROS, J.P., IANNACCI, CHRISTOPHER and WARHIT, JJ., concur.


Summaries of

People v. Lemoullec

Supreme Court, Appellate Division, Second Department, New York.
Jun 28, 2023
217 A.D.3d 967 (N.Y. App. Div. 2023)
Case details for

People v. Lemoullec

Case Details

Full title:The PEOPLE, etc., respondent, v. Aimee J. LEMOULLEC, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 28, 2023

Citations

217 A.D.3d 967 (N.Y. App. Div. 2023)
191 N.Y.S.3d 740