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People v. Pastore

Supreme Court, Appellate Division, Second Department, New York.
Apr 18, 2018
160 A.D.3d 900 (N.Y. App. Div. 2018)

Opinion

2017–02671 Ind.No. 7889/16

04-18-2018

The PEOPLE, etc., respondent, v. Frank PASTORE, appellant.

Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Masha Simonova on the brief), for respondent.


Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Masha Simonova on the brief), for respondent.

REINALDO E. RIVERA, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Kings County (Suzanne M. Mondo, J.), rendered February 22, 2017, convicting him of criminal possession of a firearm and menacing in the second 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 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 ).

RIVERA, J.P., MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Pastore

Supreme Court, Appellate Division, Second Department, New York.
Apr 18, 2018
160 A.D.3d 900 (N.Y. App. Div. 2018)
Case details for

People v. Pastore

Case Details

Full title:The PEOPLE, etc., respondent, v. Frank PASTORE, appellant.

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

Date published: Apr 18, 2018

Citations

160 A.D.3d 900 (N.Y. App. Div. 2018)
71 N.Y.S.3d 889