Summary
This Appellate Division decision addresses a defendant's appeal from a Queens County Supreme Court judgment convicting him of operating a motor vehicle while under the influence of alcohol. The court granted the motion of originally assigned counsel to withdraw under Anders v. California, finding her submitted brief deficient for failing to adequately identify nonfrivolous appellate issues or analyze potential grounds for appeal. Consequently, the court assigned new counsel through The Legal Aid Society and directed both parties to file briefs within specified timeframes.
Topics
Practice areas
Questions Presented
- Whether the appellate court must assign new counsel because the Anders brief is deficient
- Whether the motion to withdraw counsel should be granted
Holdings
- The court ordered that new counsel be assigned because the brief submitted under Anders v. California failed to adequately highlight the record and identify appellate issues.
Key quotations
“Step one requires the appellate court to perform "[an] evaluation of assigned counsel's brief, which must, to be adequate, discuss 'relevant evidence, with specific references to the record; identify and assess the efficacy of any significant objections, applications, or motions; and identify possible issues for appeal, with reference to the facts of the case and relevant legal authority'" (id. at 232, quoting Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 258).” (at 232)
Factual background
Benjamin Ramirez pleaded guilty to operating a motor vehicle while under the influence of alcohol and was sentenced in Queens County. Assigned counsel submitted an Anders brief that the Appellate Division found deficient for failing to identify non‑frivolous issues and to adequately discuss the record.
Procedural history
The Supreme Court, Queens County entered a conviction and sentence on October 1, 2019. Assigned counsel filed an Anders brief. The Appellate Division reviewed the brief, found it deficient, and ordered new counsel be appointed and the motion to withdraw counsel granted.