Narrative Opinion Summary
Judgment from the Supreme Court of Bronx County, rendered by Justice Vincent Vitale on November 17, 1992, was unanimously affirmed. The application by the appellant's counsel to withdraw is granted, referencing Anders v. California and People v. Saunders. After reviewing the record, the court agrees with the assigned counsel that there are no non-frivolous points for appeal. According to CPL 460.20, the defendant retains the right to seek leave to appeal to the Court of Appeals by applying to the Chief Judge or to the Clerk of that Court, or a Justice of the Appellate Division, within 30 days of receiving a copy of the order with notice of entry. A denial of this application by the initial Judge or Justice is final; no subsequent applications to different Judges or Justices are permitted. The court also reviewed the defendant's pro se supplemental brief and found the arguments to lack merit. Justices Rosenberger, Ellerin, Wallach, Tom, and Andrias concurred in the decision.
Legal Issues Addressed
Finality of Denial for Leave to Appealsubscribe to see similar legal issues
Application: The court clarifies that if the initial application for leave to appeal is denied, the decision is final, and no further applications to different Judges or Justices are allowed.
Reasoning: A denial of this application by the initial Judge or Justice is final; no subsequent applications to different Judges or Justices are permitted.
Review of Pro Se Supplemental Briefsubscribe to see similar legal issues
Application: The court reviews and dismisses the defendant's pro se supplemental brief, finding the arguments presented to be without merit.
Reasoning: The court also reviewed the defendant's pro se supplemental brief and found the arguments to lack merit.
Right to Appeal under CPL 460.20subscribe to see similar legal issues
Application: The defendant is informed of their right to seek leave to appeal to the Court of Appeals within a specified timeframe, emphasizing the procedural requirements for filing such an appeal.
Reasoning: According to CPL 460.20, the defendant retains the right to seek leave to appeal to the Court of Appeals by applying to the Chief Judge or to the Clerk of that Court, or a Justice of the Appellate Division, within 30 days of receiving a copy of the order with notice of entry.
Withdrawal of Counsel under Anders v. Californiasubscribe to see similar legal issues
Application: The court grants the appellant's counsel's request to withdraw, citing the standard set by Anders v. California, which allows withdrawal when counsel finds the case to have no non-frivolous points for appeal.
Reasoning: The application by the appellant's counsel to withdraw is granted, referencing Anders v. California and People v. Saunders.