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People v. Muniz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 2, 2017
2017 N.Y. Slip Op. 5975 (N.Y. App. Div. 2017)

Opinion

2016-01629

08-02-2017

The People of the State of New York, respondent, v. Jose Muniz, appellant.

Lynn W. L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel; Gregory Musso on the brief), for respondent.


LEONARD B. AUSTIN SHERI S. ROMAN SYLVIA O. HINDS-RADIX FRANCESCA E. CONNOLLY, JJ. (Ind. No. 9595/14)

Lynn W. L. Fahey, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel; Gregory Musso on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered January 19, 2016, convicting him of criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), 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 US 738), 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 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

RIVERA, J.P., AUSTIN, ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Muniz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 2, 2017
2017 N.Y. Slip Op. 5975 (N.Y. App. Div. 2017)
Case details for

People v. Muniz

Case Details

Full title:The People of the State of New York, respondent, v. Jose Muniz, appellant.

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

Date published: Aug 2, 2017

Citations

2017 N.Y. Slip Op. 5975 (N.Y. App. Div. 2017)