People v. Duncan

Appellate Division of the Supreme Court of New York

People v. Duncan

196 A.D.2d 827, 602 N.Y.S.2d 559

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

DecidedSeptember 13, 1993

StatusPublished

Cited by1 cases

This text of 196 A.D.2d 827 (People v. Duncan) 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. Duncan, 196 A.D.2d 827, 602 N.Y.S.2d 559 (N.Y. Ct. App. 1993).

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Opinion

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 11, 1992, convicting him of criminal possession of a controlled substance 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 US 738) in which he moves to be relieved of the assignment to prosecute this appeal.

Ordered that the motion is granted, Richard L. Parker is relieved as attorney for the defendant and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,

Ordered that Alex Smith, 41 Dolson Ave., Middletown, N.Y. 10940, is assigned as counsel to perfect the appeal; and it is further,

Ordered that the People are directed to furnish a copy of the stenographic minutes to the new assigned counsel; and it is further,

Ordered that new counsel shall serve and file a brief on behalf of the defendant within 90 days of the date of this decision and order and the People shall serve and file their brief within 120 days of the date of this decision and order; by [828]*828prior decision and order of this Court, the defendant was granted leave to prosecute the appeal on the original papers (including the typewritten stenographic minutes) and on the typewritten briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other. „

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Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 11, 1992, convicting him of criminal possession of a controlled substance 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 US 738) in which he moves to be relieved of the assignment to prosecute this appeal.

Ordered that the motion is granted, Richard L. Parker is relieved as attorney for the defendant and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,

Ordered that Alex Smith, 41 Dolson Ave., Middletown, N.Y. 10940, is assigned as counsel to perfect the appeal; and it is further,

Ordered that the People are directed to furnish a copy of the stenographic minutes to the new assigned counsel; and it is further,

Ordered that new counsel shall serve and file a brief on behalf of the defendant within 90 days of the date of this decision and order and the People shall serve and file their brief within 120 days of the date of this decision and order; by [828]*828prior decision and order of this Court, the defendant was granted leave to prosecute the appeal on the original papers (including the typewritten stenographic minutes) and on the typewritten briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other. „

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Bluebook (online)

196 A.D.2d 827, 602 N.Y.S.2d 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-duncan-nyappdiv-1993.

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