Legal Opinion
People v. Foster
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 24 opinions
1Opinion of the Court
In the brief submitted on behalf of the defendant, assigned counsel “merely recite[s] the underlying facts, and state [s] a bare conclusion that, after reviewing the record . . . , it is [counsel’s] opinion that there are no nonfrivolous issues to be raised on appeal” (Matter of Giovanni S. [Jasmin A.], 89 AD3d *1071252, 258 [2d Dept 2011]). As such, the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (id. at 256 [internal quotation marks omitted]; see People v Stokes, 95 NY2d 633, 636 [2001]; People v Saunders, 52 AD2d 833 [1976]).…
2Cases cited4 opinions
- People v. SaundersAppellate Division of the Supreme Court of the State of New York · 1976
- In re Giovanni S.Appellate Division of the Supreme Court of the State of New York · 2011
- People v. StokesNew York Court of Appeals · 2001
- People v. AndersonNew York Court of Appeals · 1977
3Cited by24 opinions
- People v. SingletonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PoznanskiAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AbdulAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2012
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