Appellate Division, Second Department · 2022 · Criminal Law
Criminal LawAnders appealAppellate reviewAnders v. Californiaassigned counselwithdrawalindependent review of the recordno nonfrivolous issues
Facts
The defendant pleaded guilty in two separate superior court informations. One judgment convicted him of attempted criminal possession of a weapon in the second degree, and the other convicted him of attempted criminal sale of a controlled substance in the third degree. Sentences were imposed on January 24, 2019. On appeal, assigned counsel submitted an Anders brief seeking to withdraw on the ground that no nonfrivolous appellate issues existed.
Issue
Whether assigned counsel's Anders submission was sufficient and whether, after the appellate court's independent review of the record, any nonfrivolous issues could be raised on the defendant's appeals.
Rule
When assigned counsel submits a sufficient brief under Anders v. California, the appellate court must independently review the record; if the court concludes that there are no nonfrivolous issues that could be raised on appeal, it may grant counsel leave to withdraw and affirm the judgments.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a criminal appeal from a guilty plea in Brooklyn, assigned appellate counsel for Luis Romero files a brief stating that, after reviewing the plea and sentencing transcripts, counsel can identify no nonfrivolous issues. The appellate court agrees the submission is adequate and independently reviews the full record, finding no arguable appellate issue.
What is the most appropriate disposition?
Explanation. When assigned counsel files a sufficient Anders brief and the appellate court independently reviews the record and concludes there are no nonfrivolous issues that could be raised on appeal, the court may grant counsel leave to withdraw and affirm the judgment. That is the precise rule applied by the majority.