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People v. Spillman

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 452 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


Appeal by the defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered May 26, 1994, convicting him of attempted murder in the second degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf., People v. Gonzalez, 47 N.Y.2d 606).

The defendant has raised no nonfrivolous issues in his supplemental pro se brief. To the extent that the defendant raises the issue of ineffective assistance of counsel, the various factual assertions involve matters dehors the record. Therefore, the defendant's claim is not properly before this Court on direct appeal ( see, People v. Grazzette, 211 A.D.2d 822; People v. Dyson, 200 A.D.2d 756). Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

People v. Spillman

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 452 (N.Y. App. Div. 1997)
Case details for

People v. Spillman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER SPILLMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 14, 1997

Citations

238 A.D.2d 452 (N.Y. App. Div. 1997)
657 N.Y.S.2d 338