People v. Gary

2025 NY Slip Op 00109
Appellate Division of the Supreme Court of the State of New York·Decided January 8, 2025·No. Ind. No. 3667/18·Published

Opinion

People v Gary (2025 NY Slip Op 00109)
People v Gary
2025 NY Slip Op 00109
Decided on January 8, 2025
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 January 8, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
LAURENCE L. LOVE
PHILLIP HOM, JJ.

2019-13952
(Ind. No. 3667/18)

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

v

Bahiem Gary, appellant.


Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered November 8, 2019, convicting him of criminal possession of a forged instrument in the second 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 she 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).

CHAMBERS, J.P., CHRISTOPHER, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

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)