Summary
The Appellate Division, First Department, unanimously affirmed the judgment of Supreme Court, New York County, convicting Juan Nieves. The court granted assigned counsel's application to withdraw under Anders v. California, finding no nonfrivolous issues for appeal, and advised the defendant regarding an application for leave to appeal to the Court of Appeals.
Topics
Practice areas
Questions Presented
- Whether appointed appellate counsel should be permitted to withdraw under Anders v. California because the record presents no nonfrivolous appellate issue.
- Whether the judgment of Supreme Court, New York County, should be affirmed after the appellate court's review of the record.
Holdings
- The court granted defendant's counsel's application to withdraw because its review of the record confirmed that there were no nonfrivolous points that could be raised on appeal.
- The judgment of Supreme Court, New York County, was unanimously affirmed.
Key quotations
“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.” ([*1])
Factual background
The opinion concerns a criminal judgment rendered against Juan Nieves in Supreme Court, New York County, on March 20, 2017. The appellate record and underlying offense facts are not described in the opinion. Assigned appellate counsel concluded that there were no nonfrivolous issues and sought permission to withdraw.
Procedural history
Supreme Court, New York County, rendered judgment on March 20, 2017. On appeal, assigned counsel applied to withdraw, and the First Department independently reviewed the record, agreed that no nonfrivolous points could be raised, granted withdrawal, and unanimously affirmed the judgment.