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People v. Lopez

Supreme Court, Appellate Division, Second Department, New York.
Mar 23, 2016
137 A.D.3d 1168 (N.Y. App. Div. 2016)

Opinion

2013-00580 Ind. No. 3001/10.

03-23-2016

The PEOPLE, etc., respondent, v. Marcelino Climaco LOPEZ, appellant.

Martin Geoffrey Goldberg, Franklin Square, N.Y., for appellant, and appellant pro se. Madeline Singas, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.


Martin Geoffrey Goldberg, Franklin Square, N.Y., for appellant, and appellant pro se.

Madeline Singas, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz, J.), rendered May 30, 2013, convicting him of predatory sexual assault against a child, 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.

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. Upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on the 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).

ORDERED that the judgment is affirmed.

RIVERA, J.P., HALL, COHEN and HINDS–RADIX, JJ., concur.


Summaries of

People v. Lopez

Supreme Court, Appellate Division, Second Department, New York.
Mar 23, 2016
137 A.D.3d 1168 (N.Y. App. Div. 2016)
Case details for

People v. Lopez

Case Details

Full title:The PEOPLE, etc., respondent, v. Marcelino Climaco LOPEZ, appellant.

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

Date published: Mar 23, 2016

Citations

137 A.D.3d 1168 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 2113
26 N.Y.S.3d 885