From Casetext: Smarter Legal Research

People v. Oquendo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 17, 2021
192 A.D.3d 917 (N.Y. App. Div. 2021)

Opinion

2019–05504 Ind. No. 856/16

03-17-2021

The PEOPLE, etc., respondent, v. Eric OQUENDO, appellant.

Joseph A. Hanshe, Sayville, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. ( Guy Arcidiacono of counsel), for respondent.


Joseph A. Hanshe, Sayville, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. ( Guy Arcidiacono of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Martin I. Efman, J., at plea; Philip Goglas, J., at sentence), rendered May 6, 2019, convicting him of criminal possession of a controlled substance in the third degree, criminally using drug paraphernalia in the second degree (two counts), and criminal possession of a controlled substance in the seventh degree (three 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 ).

CHAMBERS, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.


Summaries of

People v. Oquendo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 17, 2021
192 A.D.3d 917 (N.Y. App. Div. 2021)
Case details for

People v. Oquendo

Case Details

Full title:The People of the State of New York, respondent, v. Eric Oquendo…

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

Date published: Mar 17, 2021

Citations

192 A.D.3d 917 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 8252
140 N.Y.S.3d 709