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Positive treatment
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Treatment trajectory · 2012 → 2026 · click a year to view as-of
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Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Legette
Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v *688 Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
In re Cameron McC.
Since the brief does not demonstrate that assigned counsel fulfilled her obligations under Anders v California, we must assign new counsel to represent the appellant (see People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
In re Cameron McC.
Since the brief does not demonstrate that assigned counsel fulfilled her obligations under Anders v California, we must assign new counsel to represent the appellant (see People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Jessamy
Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Fennell, 107 AD3d at 738; People v Ervin, 107 AD3d at 737; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Jessamy
Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Fennell, 107 AD3d at 738; People v Ervin, 107 AD3d at 737; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Jackson
Inasmuch as the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Singleton, 101 AD3d at 910 ; People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Jackson
Inasmuch as the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Singleton, 101 AD3d at 910 ; People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Singleton
Inasmuch as the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Singleton
Inasmuch as the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Poznanski
Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited as authority (rule)
People v. Poznanski
Since the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (Matter of Giovanni S. [Jasmin A.], 89 AD3d at 256 [internal quotation marks omitted]), we must assign new counsel to represent the appellant (see People v Sanders, 91 AD3d at 799 ; People v Foster, 90 AD3d 1070, 1071 [2011]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 ).
discussed
Cited "see"
People v. Abdul
The brief submitted by assigned counsel on behalf of the appellant merely recites the underlying facts, and states a bare conclusion that, after reviewing the record, it is counsel’s opinion that there are no nonfrivolous issues to be raised on appeal (see Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 258 [2011]; see People v Foster, 90 AD3d 1070, 1071 [2011]).
discussed
Cited "see"
People v. Abdul
The brief submitted by assigned counsel on behalf of the appellant merely recites the underlying facts, and states a bare conclusion that, after reviewing the record, it is counsel’s opinion that there are no nonfrivolous issues to be raised on appeal (see Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 258 [2011]; see People v Foster, 90 AD3d 1070, 1071 [2011]).
cited
Cited "see"
Griffin v. Moore-James
Accordingly, new counsel must be assigned to represent the mother on the appeals (id.; see People v Foster, 90 AD3d 1070, 1070-1071 [2011]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Hasheem Foster
v.
Hasheem Foster
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 2011.
Cited by 24 opinions | Published
In the brief submitted on behalf of the defendant, assigned counsel “merely recite[s] the underlying facts, and state [s] a bare conclusion that, after reviewing the record . . . , it is [counsel’s] opinion that there are no nonfrivolous issues to be raised on appeal” (Matter of Giovanni S. [Jasmin A.], 89 AD3d[*1071] 252, 258 [2d Dept 2011]). As such, the brief does not demonstrate that assigned counsel acted “as an active advocate on behalf of his . . . client” (id. at 256 [internal quotation marks omitted]; see People v Stokes, 95 NY2d 633, 636 [2001]; People v Saunders, 52 AD2d 833 [1976]). Accordingly, we must assign new counsel to represent the appellant (see Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258 [2011]). In any event, upon this Court’s independent review of the record, we conclude that potentially nonfrivolous issues exist with respect to, inter alia, the admissibility of the defendant’s statements to the police (see People v Anderson, 42 NY2d 35 [1977]). Skelos, J.E, Belen, Lott and Cohen, JJ., concur.