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People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
May 22, 2019
172 A.D.3d 1247 (N.Y. App. Div. 2019)

Opinion

2017–09218 (Ind.No. 2950/16)

05-22-2019

The PEOPLE, etc., Respondent, v. Mark SMITH, 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.

REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joanne Quinones, J.), rendered, July 12, 2017, convicting him of criminal possession of a controlled substance in the fifth 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 ).

RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
May 22, 2019
172 A.D.3d 1247 (N.Y. App. Div. 2019)
Case details for

People v. Smith

Case Details

Full title:The PEOPLE, etc., Respondent, v. Mark SMITH, Appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: May 22, 2019

Citations

172 A.D.3d 1247 (N.Y. App. Div. 2019)
98 N.Y.S.3d 857