Saunders brief in New York

2017Since our own review cannot substitute for the single-minded advocacy of appellate counsel, a new assignment of counsel and reconsideration of the appeal is required ( see People v Casiano , 67 NY2d 906 [1986]).

2013Since our own review cannot substitute for the single-minded advocacy of appellate counsel, a new assignment of counsel and reconsideration of the appeal is required (see People v Casiano, 67 NY2d 906 [1986]).

2005Although counsel’s letter to defendant explained the substance and expected consequences of counsel’s Saunders brief and advised him of his right to file a pro se supplemental brief, it was inadequate because it was written in English while the record reflects that defendant was aided by a Spanish interpreter at the plea and sentencing proceedings, and there is nothing to indicate that defendant understood the letter or that anything was done to communicate its substance to him in Spanish (see United States v Leyba, 379 F3d 53 [2d Cir 2004]).

2005Although counsel’s letter to defendant properly explained the substance and expected consequences of counsel’s Saunders brief and advised him of his right to file a pro se supplemental brief, it was inadequate because it was written in English while the record reflects that defendant was aided by a Spanish interpreter at the plea and sentencing proceedings, and there is nothing to indicate that defendant understood counsel’s letter or that anything was done to communicate its substance to him in Spanish (see United States v Leyba, 379 F3d 53 [2d Cir 2004]).

1993Defendant was then represented at the plea and sentence proceedings by an 18-B attorney, only to have LAS resume representation on appeal and file an Anders/Saunders brief (Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833 ).

1988Assigned appellate counsel filed an Anders/Saunders brief (see, Anders v California, 386 US 738 , supra; People v Saunders, 52 AD2d 833 ), claiming that the appeal was frivolous.

1993Defendant was then represented at the plea and sentence proceedings by an 18-B attorney, only to have LAS resume representation on appeal and file an Anders/Saunders brief (Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833 ).

1988Assigned appellate counsel filed an Anders/Saunders brief (see, Anders v California, 386 US 738 , supra; People v Saunders, 52 AD2d 833 ), claiming that the appeal was frivolous.

2022People v Rodriguez , 11 AD3d 347 [1st Dept 2004]).

2022People v Rodriguez , 11 AD3d 347 [1st Dept 2004]).

2013People v Rosario, 19 AD3d 333 [1st Dept 2005]).

2013People v Rosario, 19 AD3d 333 [1st Dept 2005]).

2025There is nothing to indicate that defendant understood the letter or that anything was done to communicate its substance to him in Spanish ( see People v Marrero , 11 AD3d 298 [1st Dept 2005]).

2025There is nothing to indicate that defendant understood the letter or that anything was done to communicate its substance to him in Spanish ( see People v Marrero , 11 AD3d 298 [1st Dept 2005]).

2017While we express no opinion with respect to the merits, or lack thereof, of any possible issue, we find that there may be issues regarding whether defendant voluntarily and understandingly waived his constitutional rights before he entered his plea of guilty ( see People v Conceicao , 26 NY3d 375 [2015]) that would not be "wholly frivolous" under the Saunders standard.

2017While we express no opinion with respect to the merits, or lack thereof, of any possible issue, we find that there may be issues regarding whether defendant voluntarily and understandingly waived his constitutional rights before he entered his plea of guilty ( see People v Conceicao , 26 NY3d 375 [2015]) that would not be "wholly frivolous" under the Saunders standard.

1989Finding that a Saunders disposition was inappropriate under such circumstances, counsel was directed to "investigate this possible appellate issue and file a supplemental brief addressing the matter and determining whether it presents any nonfrivolous issues that should be considered on appeal” ( 145 AD2d 364 ).