People v. Lyn

Appellate Division of the Supreme Court of New York

People v. Lyn

305 A.D.2d 182, 757 N.Y.S.2d 854, 2003 N.Y. App. Div. LEXIS 5271

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

DecidedMay 8, 2003

StatusPublished

This text of 305 A.D.2d 182 (People v. Lyn) 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. Lyn, 305 A.D.2d 182, 757 N.Y.S.2d 854, 2003 N.Y. App. Div. LEXIS 5271 (N.Y. Ct. App. 2003).

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Opinion

Appeal from judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered March 19, 1999, convicting defendant, after a jury trial, of two counts of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, held in abeyance, the application by assigned counsel to withdraw on the ground that the appeal is wholly frivolous (People v Saunders, 52 AD2d 833 [1976]) granted to the extent of relieving counsel, assigning Robert Cartigan, 20 Jefferson Street, Suite A2, Hackensack, New Jersey 07601, Tel. No. 201-488-3330, as new counsel, and enlarging the time to reperfect the appeal to the October Term of this Court.

While we express no opinion with respect to the merits, or lack thereof, of any possible issue, we find that some of the issues noted by counsel, as well as other issues discerned from the record, would not be “wholly frivolous” under the Saunders standard. Concur — Mazzarelli, J.P., Saxe, Williams, Marlow and Gonzalez, JJ.

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Appeal from judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered March 19, 1999, convicting defendant, after a jury trial, of two counts of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, held in abeyance, the application by assigned counsel to withdraw on the ground that the appeal is wholly frivolous (People v Saunders, 52 AD2d 833 [1976]) granted to the extent of relieving counsel, assigning Robert Cartigan, 20 Jefferson Street, Suite A2, Hackensack, New Jersey 07601, Tel. No. 201-488-3330, as new counsel, and enlarging the time to reperfect the appeal to the October Term of this Court.

While we express no opinion with respect to the merits, or lack thereof, of any possible issue, we find that some of the issues noted by counsel, as well as other issues discerned from the record, would not be “wholly frivolous” under the Saunders standard. Concur — Mazzarelli, J.P., Saxe, Williams, Marlow and Gonzalez, JJ.

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Bluebook (online)

305 A.D.2d 182, 757 N.Y.S.2d 854, 2003 N.Y. App. Div. LEXIS 5271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lyn-nyappdiv-2003.

Opinion

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