People v. Fragoso

Summary

The Appellate Division, Second Department granted assigned counsel's motion to withdraw under Anders v. California after finding that counsel's brief was deficient because it failed to adequately analyze potential appellate issues with supporting legal authority and record references. The court assigned new counsel to represent Dennys Fragoso in his appeal from a judgment convicting him, upon his guilty plea, of first-degree manslaughter.

Holdings

1. An Anders brief is inadequate when it fails to analyze potential appellate issues with reference to relevant legal authority and facts in the record, including significant objections, applications, or motions.
2. When assigned counsel files a deficient Anders brief that does not demonstrate compliance with Anders, the court must assign new counsel to represent the appellant.

Questions Presented

1. Whether assigned appellate counsel's Anders brief demonstrated a diligent and thorough search of the record for any arguable appellate issue.
2. Whether counsel's deficient Anders brief required the court to assign new appellate counsel.

Disposition

other