Narrative Opinion Summary
The application for the appellant's counsel to withdraw is granted. After reviewing the record, the court agrees with the counsel's assessment that there are no non-frivolous issues to raise on appeal. The defendant retains the right to seek leave to appeal to the Court of Appeals by applying to the Chief Judge or a Justice of the Appellate Division, within thirty days of receiving the order, with proper notice to the respondent. If the initial application for permission to appeal is denied, that decision is final and cannot be appealed to another judge or justice. The decision is concurred by Justices Rosenberger, Wallach, Kupferman, Williams, and Mazzarelli.
Legal Issues Addressed
Finality of Decision on Application to Appealsubscribe to see similar legal issues
Application: If the initial application for permission to appeal is denied, the decision is final and cannot be appealed further.
Reasoning: If the initial application for permission to appeal is denied, that decision is final and cannot be appealed to another judge or justice.
Right to Seek Leave to Appealsubscribe to see similar legal issues
Application: The defendant retains the ability to apply for leave to appeal to the Court of Appeals, within a specified timeframe and with proper notice.
Reasoning: The defendant retains the right to seek leave to appeal to the Court of Appeals by applying to the Chief Judge or a Justice of the Appellate Division, within thirty days of receiving the order, with proper notice to the respondent.
Withdrawal of Counsel in Appealssubscribe to see similar legal issues
Application: The court grants the application for the appellant's counsel to withdraw after determining there are no non-frivolous issues to raise on appeal.
Reasoning: The application for the appellant's counsel to withdraw is granted. After reviewing the record, the court agrees with the counsel's assessment that there are no non-frivolous issues to raise on appeal.