People v Palmer (Germaine)

[*1] People v Palmer (Germaine) 2012 NY Slip Op 50296(U) Decided on February 15, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 15, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and IANNACCI, JJ
2007-796 W CR.

The People of the State of New York, Respondent,

against

Germaine Palmer, Appellant.

Appeal from an amended judgment of the City Court of Mount Vernon, Westchester County (William Edwards, J.), rendered April 25, 2007. The amended judgment revoked defendant's sentence of probation, upon a finding, after a hearing, that defendant had violated conditions thereof, and resentenced him to a term of one year imprisonment upon his previous conviction of petit larceny.

ORDERED that the appeal is held in abeyance, the application by assigned counsel for leave to withdraw as counsel is granted, and new counsel is assigned pursuant to article 18-B of the County Law to prosecute the appeal. New counsel is directed to serve and file a brief within 90 days after the date of this order and decision. The People may serve and file a respondent's brief within 21 days after the service upon them of the appellant's brief. Appellant's new counsel, if so advised, may serve and file a reply brief within seven days after service of the respondent's brief. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel.

Assigned counsel submitted an Anders brief setting forth his conclusion that there exist no nonfrivolous issues that could be raised on appeal (see Anders v California, 386 US 738 [1967]). Because we find that the brief submitted by assigned counsel is deficient, as it contains no legal analysis whatsoever (see Matter of Giovanni S. [Jasmin A.], __ AD3d __, 2011 NY Slip Op 07846 [2011]; People v Barger, 72 AD3d 696 [2010]), we assign new counsel to prosecute [*2]the appeal on this basis alone.

Molia and Iannacci, JJ., concur.

Nicolai, P.J., taking no part.
Decision Date: February 15, 2012