Narrative Opinion Summary
Judgment from the Supreme Court, New York County, rendered by Judge Edward McLaughlin on July 11, 1995, is unanimously affirmed. The application from the appellant’s counsel to withdraw is granted, referencing Anders v. California and People v. Saunders. The court reviewed the record and concurs with the appellant’s assigned counsel that there are no non-frivolous issues to pursue on appeal. Under CPL 460.20, the defendant retains the right to seek leave to appeal to the Court of Appeals by submitting an application to the Chief Judge or a Justice of the Appellate Division within thirty days of receiving this order, with notice to the respondent. The denial of such an application by the initially approached Judge or Justice is deemed final, prohibiting further applications to other judges. The ruling is concurred by Justices Sullivan, Milonas, Rosenberger, and Williams.
Legal Issues Addressed
Finality of Denial of Application for Leave to Appealsubscribe to see similar legal issues
Application: If the application for leave to appeal is denied by the initially approached Judge or Justice, it is considered final, and no further applications are permitted.
Reasoning: The denial of such an application by the initially approached Judge or Justice is deemed final, prohibiting further applications to other judges.
Right to Seek Leave to Appeal under CPL 460.20subscribe to see similar legal issues
Application: The defendant is informed of the right to apply for leave to appeal to the Court of Appeals within thirty days of receiving the order, with specific procedural instructions.
Reasoning: Under CPL 460.20, the defendant retains the right to seek leave to appeal to the Court of Appeals by submitting an application to the Chief Judge or a Justice of the Appellate Division within thirty days of receiving this order, with notice to the respondent.
Withdrawal of Counsel under Anders v. Californiasubscribe to see similar legal issues
Application: The appellant’s counsel was allowed to withdraw after the court reviewed the record and agreed that there were no non-frivolous issues to pursue on appeal.
Reasoning: The application from the appellant’s counsel to withdraw is granted, referencing Anders v. California and People v. Saunders.