| People v Sanders |
| 2012 NY Slip Op 00395 [91 AD3d 798] |
| Jnury 17, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rasaun Sanders, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and RichardLongworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Hubert,J.), rendered May 27, 2010, convicting him of manslaughter in the first degree and gang assaultin the first degree, upon his plea of guilty, and imposing sentence. Assigned counsel hassubmitted a brief in accordance with Anders v California (386 US 738 [1967]), in whichhe moves for leave to withdraw as counsel for the appellant.
Ordered that the motion of Scott M. Bishop for leave to withdraw as counsel for theappellant is granted, and he is directed to turn over all papers in his possession to new counselassigned herein; and it is further,
Ordered that Mark Diamond, Esq., Box 287356, Yorkville Station, New York, N.Y., 10128,is assigned as counsel to perfect the appeal; and it is further,
Ordered that the People are directed to furnish a copy of the certified transcript of theproceedings to the new assigned counsel; and it is further,
Ordered that new counsel shall serve and file a brief on behalf of the appellant within 90 daysof the date of this decision and order on motion and the People shall serve and file their briefwithin 30 days after the brief on behalf of the appellant is served and filed; by prior decision andorder on motion of this Court, the defendant was granted leave to prosecute the appeal as a poorperson, with the appeal to be heard on the original papers (including a certified transcript of theproceedings) and on the briefs of the parties, who were directed to file nine copies of theirrespective briefs and to serve one copy on each other.
"The filing of a sufficient Anders brief is essential to ensuring that an indigent party'srights are protected. Requiring counsel to submit a brief referring to anything in the record thatmight support the appeal ensures that assigned counsel acted as an advocate, rather than as amere advisor to the court on the merits of the appeal" (Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 256 [2011];see Anders v California, 386 US 738, 744 [1967]). Here, the submitted Andersbrief was deficient, as assigned counsel did not perform the role of a zealous advocate byidentifying possible issues for [*2]appeal and relating the facts tothe point heading that was stated. Accordingly, new counsel is assigned to represent the appellanton the appeal (see Matter of Giovanni S.[Jasmin A.], 89 AD3d 252, 256-258 [2011]). Dickerson, J.P., Chambers, Hall andMiller, JJ., concur.