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People v. Velasquez-Arreaga

Citation: 2021 NY Slip Op 05735Docket: 2019-09518

Court: Appellate Division of the Supreme Court of the State of New York; October 20, 2021; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Byron E. Velasquez-Arreaga was convicted in Nassau County Supreme Court for multiple offenses, including aggravated driving while intoxicated, aggravated unlicensed operation of a motor vehicle, reckless driving, resisting arrest, and operating a motor vehicle without insurance, following a guilty plea. The Appellate Division, Second Department, affirmed the judgment issued on August 6, 2018, and addressed an appeal from the defendant. Assigned counsel submitted a brief under Anders v. California, indicating no nonfrivolous issues for appeal, which the court found sufficient upon independent review of the record. Consequently, the court granted the counsel's request to withdraw. The decision was rendered by a panel consisting of Justices Rivera, Christopher, Wooten, and Zayas.

Legal Issues Addressed

Affirmation of Judgment

Application: The Appellate Division, Second Department, affirmed the judgment against Byron E. Velasquez-Arreaga after considering the appeal and the Anders brief.

Reasoning: The Appellate Division, Second Department, affirmed the judgment issued on August 6, 2018, and addressed an appeal from the defendant.

Anders Brief Submission

Application: The court reviewed the brief submitted by assigned counsel under Anders v. California and found it sufficient, indicating there were no nonfrivolous issues for appeal.

Reasoning: Assigned counsel submitted a brief under Anders v. California, indicating no nonfrivolous issues for appeal, which the court found sufficient upon independent review of the record.

Withdrawal of Counsel

Application: Upon determining that the Anders brief was sufficient and no nonfrivolous issues existed, the court granted the counsel's request to withdraw.

Reasoning: Consequently, the court granted the counsel's request to withdraw.