Narrative Opinion Summary
Judgment rendered by Justice Joseph Cohen of the Supreme Court, Bronx County, on March 22, 1995, was unanimously affirmed. The application for the appellant’s counsel to withdraw was granted, referencing Anders v. California and People v. Saunders as precedents. The court reviewed the record and concurred with the appellant's assigned counsel that no non-frivolous points could be raised on appeal. Under 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 a Justice of the Appellate Division within 30 days after service of the order and notice of entry. Any denial of this application by the initially approached Judge or Justice is final, prohibiting further applications to other judges or justices. Judges Milonas, Rubin, Tom, Andrias, and Colabella concurred.
Legal Issues Addressed
Finality of Denial for Leave to Appealsubscribe to see similar legal issues
Application: A denial of the application for leave to appeal by the initially approached Judge or Justice is conclusive, preventing subsequent applications to other judges or justices.
Reasoning: Any denial of this application by the initially approached Judge or Justice is final, prohibiting further applications to other judges or justices.
Review of Record for Non-Frivolous Issuessubscribe to see similar legal issues
Application: The court independently reviewed the record and agreed with assigned counsel's assessment that there were no substantial issues to be addressed on appeal.
Reasoning: The court reviewed the record and concurred with the appellant's assigned counsel that no non-frivolous points could be raised on appeal.
Right to Seek Leave to Appealsubscribe to see similar legal issues
Application: Under CPL 460.20, the defendant is entitled to apply for leave to appeal to the Court of Appeals within a specified timeframe, with finality to any denial by the initially approached Judge or Justice.
Reasoning: Under 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 a Justice of the Appellate Division within 30 days after service of the order and notice of entry.
Withdrawal of Counsel in Criminal Appealssubscribe to see similar legal issues
Application: The court granted the appellant's counsel's request to withdraw after determining that no non-frivolous issues could be raised on appeal, aligning with the standards set by Anders v. California and People v. Saunders.
Reasoning: The application for the appellant’s counsel to withdraw was granted, referencing Anders v. California and People v. Saunders as precedents.