Opinion
2019–06405 Ind. No. 18–00426
11-04-2020
The PEOPLE, etc., respondent, v. Franiqua PATTERSON, appellant.
Thomas R. Villecco, Jericho, NY, for appellant.
Thomas R. Villecco, Jericho, NY, for appellant.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Appeal by the defendant from a judgment of the County Court, Orange County ( Craig Stephen Brown, J.), rendered January 31, 2019, convicting her of sex trafficking (two counts), upon her plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the motion of Thomas R. Villecco for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
ORDERED that Geoffrey E. Chanin, 4 Hampton Road, Goshen, N.Y. 10924, is assigned as counsel to prosecute the appeal; and it is further,
ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant's new assigned counsel; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated November 15, 2019, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties. The parties are directed to file one original and five duplicate hard copies, and one digital copy, of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9 [a][4]; [c][1] ).
The brief submitted by the defendant's assigned counsel pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 is deficient in that it fails to analyze potential appellate issues, with reference to the facts of the case and relevant legal authority. Since the brief does not demonstrate that assigned counsel fulfilled his obligations under Anders v. California, we must assign new counsel to represent the defendant (see Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 258, 931 N.Y.S.2d 676 ).
Moreover, upon this Court's independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, whether the County Court erred in imposing a period of postrelease supervision that was longer than the one promised at the plea proceeding (see People v. Churby, 264 A.D.2d 852, 696 N.Y.S.2d 467 ), whether the purported waiver of the defendant's right to appeal is valid (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Corley, 186 A.D.3d 1239, 127 N.Y.S.3d 904 ; People v. Dubose, 184 A.D.3d 584, 123 N.Y.S.3d 530 ; People v. Paulin, 181 A.D.3d 824, 118 N.Y.S.3d 415 ), and whether the sentence imposed was excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.