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People v. Lubin

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 24, 2019
171 A.D.3d 1218 (N.Y. App. Div. 2019)

Opinion

2016–09461 S.C.I. No. 5761/16

04-24-2019

The PEOPLE, etc., Respondent, v. James LUBIN, Appellant.

Janet E. Sabel, New York, N.Y. (Justine Luongo and Adrienne Gantt of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


Janet E. Sabel, New York, N.Y. (Justine Luongo and Adrienne Gantt of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

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

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (John Hecht, J.), rendered July 6, 2016, convicting him of criminal trespass in the second 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 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. ; People v. Walker, 157 A.D.3d 726, 726, 66 N.Y.S.3d 612 ; People v. Vosper, 156 A.D.3d 919, 920, 65 N.Y.S.3d 775 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 255, 931 N.Y.S.2d 676 ).

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


Summaries of

People v. Lubin

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 24, 2019
171 A.D.3d 1218 (N.Y. App. Div. 2019)
Case details for

People v. Lubin

Case Details

Full title:The People of the State of New York, respondent, v. James Lubin, appellant.

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

Date published: Apr 24, 2019

Citations

171 A.D.3d 1218 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 3081
96 N.Y.S.3d 906