People v. McDay, 2017 NY Slip Op 2820 (N.Y. App. Div. 2017). · Go Syfert
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People v. McDay, 2017 NY Slip Op 2820 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Portillo
N.Y. App. Div. · 2025 · confidence medium
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the County Court erred by, in effect, denying his motion for substitution of new assigned counsel, except to the extent that his claim implicates the voluntariness of his plea ( see People v McErlean , 149 AD3d 872, 873).
discussed Cited "see" People v. Flores
N.Y. App. Div. · 2020 · signal: see · confidence high
Contrary to the defendant's contention, the Supreme Court was not required to conduct a minimal inquiry following the defendant's comments about his counsel, because the defendant failed to make "specific factual allegations of serious complaints about counsel'" ( People v Porto , 16 NY3d 93, 100 , quoting People v Medina , 44 NY2d 199 , 207; see People v McErlean , 149 AD3d 872, 873 ).
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The People of the State of New York, Respondent,
v.
Donavon McDay, Appellant
2016-01631.
Appellate Division of the Supreme Court of the State of New York.
Apr 12, 2017.
2017 NY Slip Op 2820
Balkin, Miller, Duffy, Lasalle, Nelson.
Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Foley, J.), rendered January 19, 2016, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which she moves for leave to withdraw as counsel for the appellant.

Ordered that the judgment is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to Anders v California (386 US 738 [1967]), and, upon an independent review of the record, 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 (see id.; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252 [2011]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Balkin, J.P., Miller, Duffy, LaSalle and Brathwaite Nelson, JJ., concur.