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People v. McNair

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 12, 2019
173 A.D.3d 903 (N.Y. App. Div. 2019)

Opinion

2017–08460 Ind. No. 8377/16

06-12-2019

The PEOPLE, etc., Respondent, v. Tony MCNAIR, 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 Jodi L. Mandel of counsel), 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 Jodi L. Mandel of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth A. Foley, J.), rendered April 3, 2017, convicting him of robbery in the third, 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 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.3d 631, 863 N.Y.S.2d 683 ; cf. People v. Gonzalez , 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. McNair

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 12, 2019
173 A.D.3d 903 (N.Y. App. Div. 2019)
Case details for

People v. McNair

Case Details

Full title:The People of the State of New York, respondent, v. Tony McNair, appellant.

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

Date published: Jun 12, 2019

Citations

173 A.D.3d 903 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 4725
100 N.Y.S.3d 532