People v. Gonzalez

OPINION OF THE COURT Meyer, J.

Has an indigent criminal defendant been deprived of his constitutional right to effective assistance of counsel where the attorney appointed to handle his appeal files a "brief’ that summarizes the evidence, states "that in the opinion of the writer there were no points to be raised” on appeal, and then sets forth four point headings stating the points defendant desired to have presented, but advances no argument in support of any of the points? We hold that he has been and therefore reverse and remit for a de novo appeal.

On March 15, 1976, defendant, Federico Gonzalez, was convicted by a jury of two counts of criminal sale of a [*608] controlled substance in the first degree. He was sentenced on each count to the maximum term possible, 25 years to life, to run concurrently. His request for assignment of counsel to handle his appeal was honored by the Appellate Division by the appointment on September 28, 1976 of an attorney (other than the attorney handling the present appeal to our court). Though the appointed attorney received the trial transcript on March 23, 1977, he filed no brief until October 27, 1977 after the clerk of the Appellate Division had contacted him, after he had responded that he felt that "there were no substantial errors to be raised on the appeal”, and after the clerk had then directed him to file a brief setting forth whatever points defendant had suggested.