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People v. Dorsey

Citation: 2022 NY Slip Op 05706Docket: 2019-08304

Court: Appellate Division of the Supreme Court of the State of New York; October 12, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Appellate Division, Second Department, affirmed the judgment against Robin Dorsey, who was convicted of petit larceny following a guilty plea. The judgment was rendered on July 2, 2019, by Justice Matthew D'Emic in Kings County. The defendant's assigned counsel submitted a brief in accordance with Anders v. California, seeking to withdraw due to the absence of nonfrivolous issues for appeal. After an independent review of the record, the court found the brief satisfactory and concluded there were no appealable issues. Consequently, the application for counsel's withdrawal was granted. The decision was unanimous among the justices.

Legal Issues Addressed

Affirmation of Conviction

Application: The judgment of conviction for petit larceny was affirmed by the Appellate Division as there were no grounds for appeal identified.

Reasoning: The Appellate Division, Second Department, affirmed the judgment against Robin Dorsey, who was convicted of petit larceny following a guilty plea.

Anders Brief Procedure

Application: The defendant’s counsel submitted an Anders brief, indicating that after a thorough review, no nonfrivolous issues could be identified for appeal.

Reasoning: The defendant's assigned counsel submitted a brief in accordance with Anders v. California, seeking to withdraw due to the absence of nonfrivolous issues for appeal.

Appellate Court Review

Application: The Appellate Division conducted an independent review of the record and agreed with counsel's assessment that there were no appealable issues, thus granting the withdrawal request.

Reasoning: After an independent review of the record, the court found the brief satisfactory and concluded there were no appealable issues.