[*1]
People v Foster (Dave)
2004 NY Slip Op 51027(U)
Decided on September 16, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 16, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570244/03

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

DAVE FOSTER, Defendant-Appellant.


In consolidated cases, defendant appeals from a judgment of conviction (Ellen M. Coin, J. at plea and sentencing) and amended judgment of conviction (Gerald Harris, J. at plea and sentencing; Ellen M. Coin, J. at re-sentencing), each rendered February 4, 2003, convicting him, upon his pleas of guilty, of petit larceny (Penal Law § 155.25), and imposing sentence.


PER CURIAM:

Judgment of conviction rendered February 4, 2003 (Ellen M. Coin, J. at plea and sentencing) and amended judgment of conviction rendered February 4, 2003 (Gerald Harris, J. at plea and sentencing; Ellen M. Coin, J. at re-sentencing) affirmed.

Application by appellant's counsel to withdraw as counsel is granted. (See, Anders v California, 386 US 738 [1967]; People v Saunders, 52 AD2d 833 [1976].) We have reviewed the record and agree with appellant's assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

This constitutes the decision and order of the court.