People v. Clark

Appellate Division of the Supreme Court of New York

People v. Clark

184 N.Y.S.3d 595, 2023 NY Slip Op 01653

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 28, 2023

DocketInd. No. 2412/17 Appeal No. 17581 Case No. 2019-1368

StatusPublished

This text of 184 N.Y.S.3d 595 (People v. Clark) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Clark, 184 N.Y.S.3d 595, 2023 NY Slip Op 01653 (N.Y. Ct. App. 2023).

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Opinion

People v Clark (2023 NY Slip Op 01653)

People v Clark

2023 NY Slip Op 01653

Decided on March 28, 2023

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: March 28, 2023
Before: Kern, J.P., Oing, Kennedy, Pitt-Burke, Higgitt, JJ.

Ind. No. 2412/17 Appeal No. 17581 Case No. 2019-1368

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

v

James Clark, Defendant-Appellant.

Twyla Carter, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Julio Rodriguez, III, J.), rendered November 2, 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: March 28, 2023

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