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People v. Lopez-Jovel

Supreme Court, Appellate Division, Second Department, New York.
Jun 5, 2013
107 A.D.3d 743 (N.Y. App. Div. 2013)

Opinion

2013-06-5

The PEOPLE, etc., respondent, v. Manuel LOPEZ–JOVEL, appellant.

Michael A. Fiechter, Bellmore, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.


Michael A. Fiechter, Bellmore, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Berkowitz, J.), rendered October 28, 2009, convicting him of robbery in the first degree, unlawful imprisonment in the first degree, and criminal possession of a weapon in the fourth 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 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).

ANGIOLILLO, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.


Summaries of

People v. Lopez-Jovel

Supreme Court, Appellate Division, Second Department, New York.
Jun 5, 2013
107 A.D.3d 743 (N.Y. App. Div. 2013)
Case details for

People v. Lopez-Jovel

Case Details

Full title:The PEOPLE, etc., respondent, v. Manuel LOPEZ–JOVEL, appellant.

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

Date published: Jun 5, 2013

Citations

107 A.D.3d 743 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4029
965 N.Y.S.2d 882