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People v. Lyte

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 24, 2018
165 A.D.3d 1172 (N.Y. App. Div. 2018)

Opinion

2017–06800 Ind.No. 7562/16

10-24-2018

The PEOPLE, etc., respondent, v. Daniel LYTE, appellant.

Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Ruby D. Andrade on the brief), for respondent.


Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Ruby D. Andrade on the brief), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Evelyn J. Laporte, J.), rendered May 31, 2017, convicting him of criminal possession of a firearm, 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. 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 ).

BALKIN, J.P., CHAMBERS, ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Lyte

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 24, 2018
165 A.D.3d 1172 (N.Y. App. Div. 2018)
Case details for

People v. Lyte

Case Details

Full title:The People of the State of New York, respondent, v. Daniel Lyte, appellant.

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

Date published: Oct 24, 2018

Citations

165 A.D.3d 1172 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 7149
84 N.Y.S.3d 363