| People v Ruiz, Carlos |
| Motion No: 2004-04516 |
| Slip Opinion No: 2006 NYSlipOp 73433(U) |
| Decided on August 8, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M43059
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2004-04516 The People, etc., respondent, v Carlos Ruiz, appellant. (Ind. No. 10120/03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered April 14, 2004, for leave to withdraw the brief filed pursuant to Anders v California (386 US 738), to unseal a portion of the minutes of the sentence proceeding, and for leave to file a new brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED the motion is denied with leave to renew on or before September 18, 2006, upon an affirmation that assigned counsel has contacted the appellant and that the appellant understands the risk that raising certain issues on the appeal could result in the imposition of a possibly longer sentence but that appellant wants to raise these issues on appeal nevertheless.
FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court