You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

People v. Erickson

Citations: 208 A.D.2d 859; 618 N.Y.S.2d 553

Court: Appellate Division of the Supreme Court of the State of New York; October 24, 1994; New York; State Appellate Court

Narrative Opinion Summary

The defendant appealed an amended judgment from the Supreme Court, Suffolk County, which revoked a previously imposed probation sentence due to a violation and imposed a prison sentence for a prior conviction of driving while intoxicated. The appellate court affirmed the amended judgment, finding that after reviewing the record, there were no nonfrivolous issues for appeal. The application by the defendant's counsel to withdraw was granted, referencing relevant case law, including Anders v. California and People v. Paige. The judges, Sullivan, Rosenblatt, Altman, Hart, and Friedmann, concurred with this decision.

Legal Issues Addressed

Appellate Review for Nonfrivolous Issues

Application: The appellate court conducted a review of the record and determined that there were no nonfrivolous issues warranting an appeal.

Reasoning: The appellate court affirmed the amended judgment, finding that after reviewing the record, there were no nonfrivolous issues for appeal.

Revocation of Probation

Application: The appellate court affirmed the trial court's decision to revoke the defendant's probation due to a violation, resulting in the imposition of a prison sentence.

Reasoning: The defendant appealed an amended judgment from the Supreme Court, Suffolk County, which revoked a previously imposed probation sentence due to a violation and imposed a prison sentence for a prior conviction of driving while intoxicated.

Withdrawal of Appellate Counsel

Application: The court granted the application by the defendant's counsel to withdraw, in line with established case law standards.

Reasoning: The application by the defendant's counsel to withdraw was granted, referencing relevant case law, including Anders v. California and People v. Paige.