Summary
This is an uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, decided on May 28, 2025. The court reviewed a direct appeal from a Kings County judgment convicting the defendant of two counts of third-degree assault following a guilty plea. Upon independent review of the record and consideration of assigned counsel's Anders brief, the court found no nonfrivolous issues for appeal, affirmed the conviction, and granted counsel's motion to withdraw.
Topics
Practice areas
Questions Presented
- Whether the appellate court may grant the defendant's counsel's motion to withdraw under Anders v. California.
- Whether the judgment of the Supreme Court, Kings County should be affirmed.
Holdings
- The court granted the counsel's application to withdraw as counsel.
- The judgment is affirmed.
Key quotations
“We are satisfied with 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)
Factual background
Manuel Chavez pleaded guilty to two counts of third‑degree assault and was sentenced by the Supreme Court, Kings County. After conviction, his appointed counsel filed a brief under Anders v. California requesting permission to withdraw as counsel on appeal.
Procedural history
The defendant was convicted in the Supreme Court, Kings County on March 8, 2022, after entering a guilty plea to two counts of third‑degree assault. Assigned counsel filed a brief invoking Anders v. California seeking leave to withdraw as counsel on appeal.