Legal Opinion

People v. Ovalle

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 2012PublishedCited by 37 opinions

1Opinion of the Court

*1024The brief submitted by the appellant’s assigned counsel pursuant to Anders v California (386 US 738 [1967]), was deficient because it failed to adequately analyze potential appellate issues or highlight facts in the record that might arguably support the appeal (see People v Poznanski, 97 AD3d 701 [2012]; People v Sanders, 91 AD3d 798, 799 [2012]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 256 [2011]). Since the brief does not demonstrate that assigned counsel diligently examined the record, we must assign new counsel to represent the appellant (see People v Poznanski, 97 AD3d 701…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. In re Giovanni S.Appellate Division of the Supreme Court of the State of New York · 2011
  3. People v. SandersAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. PoznanskiAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by37 opinions

  1. People v. SeditaAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. McNairAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. HeineAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. ErvinAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. FennellAppellate Division of the Supreme Court of the State of New York · 2013

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