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People v. Rivera

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 9, 2021
195 A.D.3d 751 (N.Y. App. Div. 2021)

Opinion

2020–03432 Ind. No. 9445/17

06-09-2021

The PEOPLE, etc., respondent, v. Efrain RIVERA, 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 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.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, BETSY BARROS, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County ( Vincent Del Giudice, J.), rendered April 2, 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, 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. ; People v. Murray, 169 A.D.3d 227, 93 N.Y.S.3d 694 ; 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 ).

DILLON, J.P., AUSTIN, BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.


Summaries of

People v. Rivera

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 9, 2021
195 A.D.3d 751 (N.Y. App. Div. 2021)
Case details for

People v. Rivera

Case Details

Full title:The People of the State of New York, respondent, v. Efrain Rivera…

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

Date published: Jun 9, 2021

Citations

195 A.D.3d 751 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 3615
145 N.Y.S.3d 388