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People v. Pena

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 868 (N.Y. App. Div. 2020)

Opinion

2019–05250 Ind. No. 8598/16

08-26-2020

The PEOPLE, etc., Respondent, v. Eric PENA, Appellant.

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


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

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jill Konviser, J.), rendered February 26, 2019, convicting him of murder 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. Moreover, 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 ).

DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.


Summaries of

People v. Pena

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 868 (N.Y. App. Div. 2020)
Case details for

People v. Pena

Case Details

Full title:The People of the State of New York, respondent, v. Eric Pena, appellant.

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

Date published: Aug 26, 2020

Citations

186 A.D.3d 868 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 4777
127 N.Y.S.3d 346