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People v. Rodriguez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 546 (N.Y. App. Div. 2019)

Opinion

2018-02167 2018-02168 Ind. Nos. 5542/16, 4454/17

07-03-2019

The PEOPLE, etc., Respondent, v. David RODRIGUEZ, 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.

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

DECISION & ORDER

Appeals by the defendant from two judgments of the Supreme Court, Kings County ( William Miller, J.), both rendered November 17, 2017, convicting him of criminal possession of a controlled substance in the third degree under Indictment No. 5542/16, and criminal possession of a controlled substance in the third degree under Indictment No. 4454/17, upon his pleas of guilty, and imposing sentences. 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 judgments are 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 the appeals. 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, BARROS and CONNOLLY, JJ., concur.


Summaries of

People v. Rodriguez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 546 (N.Y. App. Div. 2019)
Case details for

People v. Rodriguez

Case Details

Full title:The People of the State of New York, respondent, v. David Rodriguez…

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

Date published: Jul 3, 2019

Citations

174 A.D.3d 546 (N.Y. App. Div. 2019)
174 A.D.3d 546
2019 N.Y. Slip Op. 5426