People v. Wilhelm

2022 NY Slip Op 07206 (N.Y. Ct. App. 2022) · Appellate Division of the Supreme Court of the State of New York, First Department · December 20, 2022 · No. Ind. No. 972/15; Appeal No. 16317; Case No. 2016-857

Summary

The Appellate Division, First Department, unanimously affirmed the Bronx County Supreme Court judgment convicting Miguel Wilhelm. The court granted appointed counsel's motion to withdraw under Anders v. California, concluding that the appeal presented no nonfrivolous issues, and described the procedure for seeking leave to appeal to the Court of Appeals.

Holdings

  1. Counsel's application to withdraw was granted because the court agreed that the record presented no nonfrivolous points that could be raised on appeal.
  2. The judgment of Supreme Court, Bronx County, was unanimously affirmed.

Questions Presented

  1. Whether assigned appellate counsel should be permitted to withdraw under Anders v. California because the record presented no nonfrivolous issue.
  2. Whether the judgment should be affirmed after the appellate court's independent review of the record.

Disposition

affirmed

Cases Cited (2)

  • Anders v. California, 386 U.S. 738 (1967)(followed)
  • People v. Saunders, 52 A.D.2d 833 (1st Dep't 1976)(followed)

Cited In (0)

No citing cases on record yet.

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