Summary
This Appellate Division decision affirms a Kings County Supreme Court judgment convicting the defendant of second-degree assault following a guilty plea. Upon reviewing an Anders brief submitted by assigned counsel, the court determined there were no nonfrivolous issues for appeal and granted counsel's motion to withdraw. The judgment is therefore affirmed.
Topics
Practice areas
Questions Presented
- Whether the defendant's brief raised any nonfrivolous issues that would warrant reversal of the conviction and sentence.
- Whether the defendant is entitled to withdraw counsel on appeal.
Holdings
- The judgment is affirmed because there are no nonfrivolous issues which could be raised on appeal.
- 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.”
“Counsel's application for leave to withdraw as counsel is, therefore, granted.”
Factual background
Kyra Johnson pleaded guilty to assault in the second degree in Kings County Supreme Court and was sentenced. She later sought to withdraw her appointed counsel on appeal.
Procedural history
The People convicted Johnson of assault in the second degree after a guilty plea. Johnson appealed, filing a brief under Anders v. California seeking to withdraw counsel. The Appellate Division reviewed the brief, found no nonfrivolous issues, affirmed the judgment, and granted the motion to withdraw counsel.