People v. Wilson
Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Colabella, J.), rendered August 1, 1985, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738) in which he moves to be relieved of the assignment to prosecute this appeal.
Ordered that the motion is granted, Clinton B. Smith is relieved as attorney for the defendant and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
Ordered that Jeffrey L. Levin, of 292 Madison Ave., New York, N.Y. 10017, is assigned as counsel to perfect the appeal; and it is further,
Ordered that the People are directed to furnish a copy of the stenographic minutes to the new assigned counsel; and it is further,
Ordered that new counsel shall serve and file a brief on
Assigned counsel filed a brief in which he indicated that he "found no meritorious points for appeal” before pointing out six "concerns for appeal” raised by his client. He concluded that the first of those "concerns” seemed to be "obviated” by his client’s plea of guilty, and that the merits of the remaining issues "must be weighed against defendant-appellant’s admissions at his plea proceeding”. The representation provided the defendant by virtue of assigned counsel’s brief falls below the standards espoused by the Court of Appeals in People v Vasquez (70 NY2d 1), and thus new appellate counsel is assigned and consideration of the appeal deferred until the filing of further briefs (see, People v Jimenez, 133 AD2d 350). Mollen, P. J., Brown, Kunzeman, Weinstein and Kooper, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.