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People v. Mitchell

Supreme Court, Appellate Division, Second Department, New York.
Feb 23, 2022
202 A.D.3d 1107 (N.Y. App. Div. 2022)

Opinion

2018–06540 Ind. No. 6092/14

02-23-2022

The PEOPLE, etc., respondent, v. Curtis MITCHELL, appellant.

Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Arieh Schulman of counsel), for respondent.


Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Arieh Schulman of counsel), for respondent.

ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, DEBORAH A. DOWLING, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Frederick C. Arriaga, J.), rendered April 16, 2018, convicting him of attempted criminal sale of a controlled substance in the third 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. ; 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 ).

IANNACCI, J.P., MILLER, MALTESE and DOWLING, JJ., concur.


Summaries of

People v. Mitchell

Supreme Court, Appellate Division, Second Department, New York.
Feb 23, 2022
202 A.D.3d 1107 (N.Y. App. Div. 2022)
Case details for

People v. Mitchell

Case Details

Full title:The PEOPLE, etc., respondent, v. Curtis MITCHELL, appellant.

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

Date published: Feb 23, 2022

Citations

202 A.D.3d 1107 (N.Y. App. Div. 2022)
159 N.Y.S.3d 861