United States Second Circuit

On appeal from conviction for robbery and related crimes, motion of court-appointed defense counsel to withdraw on the ground that there is no non-frivolous basis for appeal is denied as in this case, where the defendant may be illiterate: 1) the Anders notice documents alone will not suffice without some additional effort to ensure that their contents are communicated to the defendant orally; and 2) counsel must show reasonable efforts to convey the required notice to the defendant orally in a language that he understands.

Appellate Information

• Decided 07/18/2007
• Published 07/18/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before CABRANES, RAGGI, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Ellyn I. Bank, New York, NY, for Defendant-Appellant., Alexander J. Willscher, Assistant United States Attorney, (Michael J. Garcia, United States Attorney, of counsel,) United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.