People v. Vilchez-Salazar

2025 NY Slip Op 06739 (N.Y. Ct. App. 2025) · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · December 3, 2025 · No. 2021-09295

Summary

The New York Appellate Division, Second Department affirmed the defendant's judgment of conviction for criminal sexual act in the second degree following a guilty plea. The court granted assigned counsel's motion to withdraw under Anders v. California after independently determining that no nonfrivolous appellate issues existed.

Holdings

  1. The Anders brief was sufficient, and independent review of the record disclosed no nonfrivolous issue that could be raised on appeal.
  2. The judgment convicting the defendant upon her guilty plea and imposing sentence is affirmed.

Questions Presented

  1. Whether assigned appellate counsel's Anders brief was sufficient and whether independent review of the record disclosed any nonfrivolous issue that could be raised on appeal.
  2. Whether the County Court judgment convicting the defendant upon her guilty plea and imposing sentence should be affirmed.

Disposition

affirmed

Cases Cited (4)

  • Anders v. California, 386 U.S. 738(followed)
  • Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252(followed)
  • People v. Paige, 54 A.D.2d 631(followed)
  • People v. Gonzalez, 47 N.Y.2d 606(not specified)

Cited In (0)

No citing cases on record yet.

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