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People v. Nally

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 20, 2019
177 A.D.3d 904 (N.Y. App. Div. 2019)

Opinion

2018–08238 Ind.No. 62/18

11-20-2019

The PEOPLE, etc., respondent, v. Charles NALLY, appellant.

Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel; Lorrie A. Zinno on the brief), for respondent.


Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel; Lorrie A. Zinno on the brief), 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, Queens County (Barry Kron, J.), rendered June 6, 2018, convicting him of robbery in the third degree (two counts), 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.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 ).

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


Summaries of

People v. Nally

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 20, 2019
177 A.D.3d 904 (N.Y. App. Div. 2019)
Case details for

People v. Nally

Case Details

Full title:The People of the State of New York, respondent, v. Charles Nally…

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

Date published: Nov 20, 2019

Citations

177 A.D.3d 904 (N.Y. App. Div. 2019)
177 A.D.3d 904
2019 N.Y. Slip Op. 8426