Summary
The Appellate Division, Second Department granted assigned counsel's motion to withdraw under Anders v. California and assigned new counsel to represent the defendant on appeal. The court identified nonfrivolous issues concerning youthful offender status and whether certain surcharges and fees could be waived, and established deadlines for appellate briefing.
Holdings
- Counsel's brief was sufficient, but independent review disclosed nonfrivolous issues; therefore, counsel was permitted to withdraw and new appellate counsel was assigned.
- The appeal presented nonfrivolous issues, including whether the defendant was entitled to youthful offender status and whether the assessed surcharge and fees could be waived.
Questions Presented
- Whether assigned appellate counsel should be permitted to withdraw under Anders v. California after submitting an Anders brief.
- Whether the record presented nonfrivolous issues concerning the defendant's entitlement to youthful offender status.
- Whether the surcharges and fees imposed could be waived.
Disposition
other
Cases Cited (5)
- Anders v California, 386 US 738(followed)
- People v Rudolph, 21 NY3d 497, 501(applied)
- People v Slide, 197 AD3d 1184(applied)
- People v Sevaughn G., 199 AD3d 936(applied)
- People v Dyshawn B., 196 AD3d 638(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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