People v. Damas

2020 NY Slip Op 06541, 188 A.D.3d 907, 132 N.Y.S.3d 300
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 12, 2020
Docket2019-10403
StatusPublished

This text of 2020 NY Slip Op 06541 (People v. Damas) 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. Damas, 2020 NY Slip Op 06541, 188 A.D.3d 907, 132 N.Y.S.3d 300 (N.Y. Ct. App. 2020).

Opinion

People v Damas (2020 NY Slip Op 06541)
People v Damas
2020 NY Slip Op 06541
Decided on November 12, 2020
Appellate Division, Second 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 on November 12, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.

2019-10403

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

v

Fernando Damas, appellant. (S.C.I. No. 1842/18)


Martin Geoffrey Goldberg, Franklin Square, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Fran Ricigliano, J.), rendered January 8, 2019, convicting him of aggravated driving while intoxicated with a child, aggravated unlicensed operation of a motor vehicle in the first degree, and criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), 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 US 738), 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 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

DILLON, J.P., AUSTIN, ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court



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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
People v. Gonzalez
393 N.E.2d 987 (New York Court of Appeals, 1979)
People v. Paige
54 A.D.2d 631 (Appellate Division of the Supreme Court of New York, 1976)
In re Giovanni S.
89 A.D.3d 252 (Appellate Division of the Supreme Court of New York, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2020 NY Slip Op 06541, 188 A.D.3d 907, 132 N.Y.S.3d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-damas-nyappdiv-2020.