From Casetext: Smarter Legal Research

People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2004
5 A.D.3d 797 (N.Y. App. Div. 2004)

Opinion

2002-08788.

Decided March 29, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered September 12, 2002, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.

Laura R. Johnson, New York, N.Y. (Bonnie B. Goldburg of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Michael Tarbutton of counsel; Douglas Duzant on the brief), for respondent.


DECISION ORDER

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

The defendant has not raised any nonfrivolous issues in his supplemental pro se brief.

Santucci, J.P., Smith, Luciano and Adams, JJ., concur.


Summaries of

People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2004
5 A.D.3d 797 (N.Y. App. Div. 2004)
Case details for

People v. Payne

Case Details

Full title:THE PEOPLE, ETC., respondent, v. LEMBERNSKI PAYNE, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 2004

Citations

5 A.D.3d 797 (N.Y. App. Div. 2004)
773 N.Y.S.2d 592