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People v. Pomales

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 735 (N.Y. App. Div. 2019)

Opinion

2018–06500

12-04-2019

The PEOPLE, etc., Respondent, v. Sammy POMALES, Appellant. (S.C.I. No. 2196/18)

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 Jodi L. Mandel of counsel), 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 Jodi L. Mandel of counsel), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marguerite Dougherty, J.), rendered March 23, 2018, convicting him of criminal possession of a controlled substance in the seventh 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., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Pomales

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 735 (N.Y. App. Div. 2019)
Case details for

People v. Pomales

Case Details

Full title:The People of the State of New York, respondent, v. Sammy Pomales…

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

Date published: Dec 4, 2019

Citations

178 A.D.3d 735 (N.Y. App. Div. 2019)
111 N.Y.S.3d 218
2019 N.Y. Slip Op. 8707