Summary
This is an uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, decided on July 2, 2025. The appellant, Kevin Garcia Torres, appealed his conviction for conspiracy in the fourth degree following a guilty plea. Upon review of an Anders brief submitted by assigned counsel, the court found no nonfrivolous issues for appeal, affirmed the lower court's judgment, and granted counsel's motion to withdraw.
Topics
Practice areas
Questions Presented
- Whether any nonfrivolous issues exist that could be raised on appeal
- Whether the appellant’s counsel may be granted leave to withdraw
Holdings
- The court found no nonfrivolous issues and therefore affirmed the judgment.
- Counsel’s application for leave to withdraw as counsel is granted.
Key quotations
“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.” (at 1)
“Counsel's application for leave to withdraw as counsel is, therefore, granted.” (at 1)
Factual background
Kevin Garcia Torres pleaded guilty to fourth‑degree conspiracy in Suffolk County Court and received a sentence. After conviction, his appointed counsel filed a brief invoking Anders v. California to seek withdrawal, arguing that the record contains no appealable issues.
Procedural history
The appellant pleaded guilty to fourth‑degree conspiracy and was sentenced. Assigned counsel filed a brief under Anders v. California seeking to withdraw, asserting no nonfrivolous issues remain on appeal.