People v. Raimo

Summary

The New York Appellate Division, Second Department granted assigned counsel’s motion to withdraw under Anders v. California after finding counsel’s brief deficient. The court assigned new counsel, directed production of the certified transcript, and set briefing deadlines. It identified potentially nonfrivolous issues concerning the validity of the defendant’s appeal waiver and whether her sentence was excessive.

Holdings

1. An Anders brief is deficient when it fails to review all relevant facts, analyze potential appellate issues, and explain the basis for its conclusions, including a conclusion that a defendant's appeal waiver was valid.
2. When assigned counsel files a deficient Anders brief, the court must assign new counsel to represent the appellant on the appeal.
3. The record presented potentially nonfrivolous issues regarding the validity of defendant's appeal waiver and whether her sentence was excessive.

Questions Presented

1. Whether assigned appellate counsel's Anders brief adequately demonstrated a diligent and thorough search of the record for arguable appellate claims.
2. Whether counsel's deficient Anders brief required the assignment of new appellate counsel.
3. Whether the record presented nonfrivolous issues concerning the validity of defendant's waiver of the right to appeal and the excessiveness of her sentence.

Disposition

other