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People v. Portillo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 18, 2019
178 A.D.3d 959 (N.Y. App. Div. 2019)

Opinion

2018–09720 Ind. No. 811/17

12-18-2019

The PEOPLE, etc., Respondent, v. Raphael PORTILLO, Appellant.

Leon H. Tracy, Jericho, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Jared A. Chester of counsel; Matthew C. Frankel on the brief), for respondent.


Leon H. Tracy, Jericho, NY, for appellant.

Madeline Singas, District Attorney, Mineola, N.Y. (Jared A. Chester of counsel; Matthew C. Frankel on the brief), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County ( Howard E. Sturim, J.), rendered on July 9, 2018, convicting him of attempted burglary in the first 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 defendant.

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 that 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 ).

BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.


Summaries of

People v. Portillo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 18, 2019
178 A.D.3d 959 (N.Y. App. Div. 2019)
Case details for

People v. Portillo

Case Details

Full title:The People of the State of New York, respondent, v. Raphael Portillo…

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

Date published: Dec 18, 2019

Citations

178 A.D.3d 959 (N.Y. App. Div. 2019)
178 A.D.3d 959
2019 N.Y. Slip Op. 9031