People v. Facundo

Summary

The Appellate Division, Second Department granted assigned appellate counsel's motion to withdraw under Anders v. California after finding that the submitted brief was deficient because it did not adequately analyze potential legal issues. The court assigned new counsel to represent Juan B. Facundo in his appeal from a misdemeanor driving-while-intoxicated conviction and directed the parties to submit briefs on a specified schedule.

Holdings

1. An Anders brief is deficient when it fails to analyze potential legal issues with reference to the facts of the case and relevant legal authority and instead merely asserts counsel's conclusory opinion that no nonfrivolous issues exist.
2. When assigned counsel's Anders brief does not demonstrate compliance with Anders, the court must assign new counsel to conduct a new appellate review.

Questions Presented

1. Whether assigned appellate counsel's Anders brief adequately demonstrated a diligent and thorough review of the record and identified potential appellate issues with reference to the facts and relevant legal authority.
2. Whether new appellate counsel was required because the Anders brief was deficient.

Disposition

other