People v. Chavez

Appellate Division of the Supreme Court of the State of New York, Second Department · 2025 · Criminal Law

Criminal LawAnders appealAppellate procedureAnders v. Californiaassigned counselwithdrawalindependent review of the recordno nonfrivolous issues

Facts

The defendant was convicted, upon a guilty plea, of two counts of assault in the third degree. The Supreme Court, Kings County, rendered judgment and imposed sentence on March 8, 2022. On appeal, the defendant's assigned counsel submitted a brief pursuant to Anders v. California seeking leave to withdraw. The appellate court addressed whether any nonfrivolous issues existed in the record.

Issue

Whether assigned counsel's Anders submission was sufficient and whether, upon the court's independent review of the record, any nonfrivolous issues could be raised on the defendant's appeal from the judgment entered on his guilty plea.

Rule

When assigned counsel submits an adequate brief pursuant to Anders v. California, the appellate court must independently review the record to determine whether any nonfrivolous issues exist. If the court is satisfied with counsel's Anders brief and concludes after independent review that no nonfrivolous issues could be raised on appeal, it may grant counsel's application to withdraw and affirm the judgment.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Albany, Devin Morales pleaded guilty to misdemeanor criminal mischief and received a short jail sentence. On appeal, his assigned lawyer filed an Anders brief explaining why the record disclosed no arguable appellate issues and moved to withdraw; the appellate court then reviewed the entire record on its own and found no nonfrivolous issues.

What is the most appropriate appellate disposition?

Explanation. When assigned counsel files a satisfactory Anders brief and the appellate court independently reviews the record and concludes that no nonfrivolous issues could be raised, the court may grant leave to withdraw and affirm the judgment. The majority opinion turned on those two findings together.