The People of the State of New York, Respondent, v. Jason Mercado, Appellant

New York Supreme Court, Appellate Division2009-02-10

59 A.D.3d 208872 N.Y.S.2d 27

Summary · law.co

Holding. The judgment of the trial court was unanimously affirmed, and the motion by appellant's counsel to withdraw was granted.

Jason Mercado appealed his conviction from a trial court judgment entered in May 2005. The appellate court reviewed the record and concluded that no substantial legal arguments could be raised on appeal. The court granted a motion by Mercado's assigned counsel to withdraw from the case, finding that the appeal lacked meritorious claims worthy of appellate review.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether assigned counsel could withdraw from a frivolous appeal
Whether any nonfrivolous points existed on appeal

Procedural posture

Mercado appealed his May 2005 conviction to the appellate division.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered on or about May 10, 2005, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Saunders, 52 AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur—Andrias, J.P., Nardelli, Catterson, Acosta and DeGrasse, JJ.