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People v. Shea

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 6, 2019
170 A.D.3d 757 (N.Y. App. Div. 2019)

Opinion

2012-07177 Ind. No. 295/09

03-06-2019

The PEOPLE, etc., Respondent, v. Michael J. SHEA, Appellant.

Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.


Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from an amended judgment of the Supreme Court, Richmond County (Leonard P. Rienzi, J.), rendered March 14, 2012, convicting him of burglary 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 she moves for leave to withdraw as counsel for the appellant.

ORDERED that the amended 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, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 N.Y. Slip Op. 01101 [2d Dept. 2019] ; 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 ).

LEVENTHAL, J.P., AUSTIN, ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Shea

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 6, 2019
170 A.D.3d 757 (N.Y. App. Div. 2019)
Case details for

People v. Shea

Case Details

Full title:The People of the State of New York, respondent, v. Michael J. Shea…

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

Date published: Mar 6, 2019

Citations

170 A.D.3d 757 (N.Y. App. Div. 2019)
170 A.D.3d 757
2019 N.Y. Slip Op. 1622