The defendant was convicted in County Court, Orange County, upon guilty pleas to operating a motor vehicle while under the influence of alcohol as a felony and bail jumping in the second degree. The court imposed sentences on both judgments on April 29, 1999. On appeal, the defendant's assigned counsel asserted that the record presented no nonfrivolous issues. The appellate court reviewed the record in light of that application.
Issue
After independent review of the record, whether any nonfrivolous appellate issues existed and, if not, whether assigned counsel should be permitted to withdraw and the judgments affirmed.
Rule
Where the appellate court reviews the record and agrees with assigned counsel that no nonfrivolous issues can be raised on appeal, counsel may be granted leave to withdraw under Anders v. California, and the judgment may be affirmed.
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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 Albany, assigned appellate counsel for Devon Pike files a motion to withdraw, stating that a review of the entire record reveals no nonfrivolous issues. The appellate court independently reviews the plea and sentencing record and reaches the same conclusion.
What is the most appropriate disposition of the appeal and counsel's motion?
Explanation. The governing rule is that when assigned appellate counsel seeks to withdraw on the ground that no nonfrivolous issues exist, and the appellate court reviews the record and agrees, the court may grant leave to withdraw and affirm the judgment. That is the entire basis of the majority's disposition.