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People v. Nieves

Supreme Court, Appellate Division, Second Department, New York.
Oct 20, 2021
198 A.D.3d 923 (N.Y. App. Div. 2021)

Opinion

2019-08431 Ind. No. 244/19

10-20-2021

The PEOPLE, etc., respondent, v. Christopher NIEVES, appellant.

Patricia Pazner, 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.


Patricia Pazner, 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., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, LARA J. GENOVESI, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County ( William Miller, J.), rendered June 25, 2019, convicting him of burglary 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 ).

MASTRO, J.P., HINDS–RADIX, BRATHWAITE NELSON and GENOVESI, JJ., concur.


Summaries of

People v. Nieves

Supreme Court, Appellate Division, Second Department, New York.
Oct 20, 2021
198 A.D.3d 923 (N.Y. App. Div. 2021)
Case details for

People v. Nieves

Case Details

Full title:The PEOPLE, etc., respondent, v. Christopher NIEVES, appellant.

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

Date published: Oct 20, 2021

Citations

198 A.D.3d 923 (N.Y. App. Div. 2021)
152 N.Y.S.3d 845