People v. Benedict

2022 NY Slip Op 05290
Appellate Division of the Supreme Court of the State of New York·Decided September 27, 2022·No. Ind. No. 2457/17 Appeal No. 16284 Case No. 2019-2864, 2018-04041·Published·Cited by 1 cases

Opinion

People v Benedict (2022 NY Slip Op 05290)
People v Benedict
2022 NY Slip Op 05290
Decided on September 27, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: September 27, 2022
Before: Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

Ind. No. 2457/17 Appeal No. 16284 Case No. 2019-2864, 2018-04041

[*1]The People of the State of New York, Respondent,

v

Henry Benedict, Defendant-Appellant.


Justine M. Luongo, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.



Judgment, Supreme Court, Bronx County (Judith S. Lieb, J.), rendered March 28, 2018, unanimously affirmed.

Application by defendant's counsel to withdraw as counsel is granted (see Anders v California , 386 US 738 [1967]; People v Saunders , 52 AD2d 833 [1st Dept 1976]). We have reviewed this record and agree with defendant's assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: September 27, 2022



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People v. Benedict
2022 NY Slip Op 05290 (Appellate Division of the Supreme Court of New York, 2022)