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People v. Spencer

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

2017-11855 Ind. No. 4983/16

07-03-2019

The PEOPLE, etc., Respondent, v. Dale SPENCER, Appellant.

Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.


Janet E. Sabel, New York, N.Y. (Kristina Schwarz 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, SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth A. Foley, J., at plea; James P. Sullivan, J., at sentence), rendered August 7, 2017, convicting him of unlawful fleeing of a police officer in a motor vehicle in the third 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 order 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 ; 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, ROMAN, MALTESE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Spencer

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. Spencer

Case Details

Full title:The People of the State of New York, respondent, v. Dale Spencer…

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)
101 N.Y.S.3d 633
2019 N.Y. Slip Op. 5427