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People v. Sokolski

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 2, 2020
69 Misc. 3d 128 (N.Y. App. Term 2020)

Opinion

2015-2704 RI CR

10-02-2020

The PEOPLE of the State of New York, Respondent, v. Daniel SOKOLSKI, Appellant.

Appellate Advocates (Anna Kou of counsel), for appellant. Richmond County District Attorney (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.


Appellate Advocates (Anna Kou of counsel), for appellant.

Richmond County District Attorney (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ

ORDERED that the judgments of conviction are affirmed.

We are satisfied with the sufficiency of the brief filed by defendant's assigned counsel pursuant to Anders v. California (386 US 738 [1967] ) regarding docket Nos. 2014RI010430, 2015RI000968, 2015RI003584, and 2015RI006475, and, upon an independent review of the record with respect thereto, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted insofar as the appeal is from those judgments of conviction (see id. ; Matter of Giovanni S. [Jasmine A.] , 89 AD3d 252 [2011] ; People v. Paige , 54 AD2d 631 [1976] ; cf. People v. Gonzalez , 47 NY2d 606 [1979] ).

Defendant's challenge to the final orders of protection issued under docket Nos. 2015RI001842 and 2015RI004778 is unpreserved for appellate review because defendant did not raise this issue at sentencing (see CPL 470.05 [2] ; People v. Nieves , 2 NY3d 310, 316-318 [2004] ; People v. Manalang , 54 Misc 3d 138[A], 2017 NY Slip Op 50146[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017] ). In any event, by their terms, the orders of protection have expired (see People v. Francois , 64 Misc 3d 139[A], 2019 NY Slip Op 51241[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019] ), rendering the issue academic.

Accordingly, the judgments of conviction are affirmed.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.


Summaries of

People v. Sokolski

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Oct 2, 2020
69 Misc. 3d 128 (N.Y. App. Term 2020)
Case details for

People v. Sokolski

Case Details

Full title:The People of the State of New York, Respondent, v. Daniel Sokolski…

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Oct 2, 2020

Citations

69 Misc. 3d 128 (N.Y. App. Term 2020)
2020 N.Y. Slip Op. 51126
130 N.Y.S.3d 884