People v Jiminez
2006 NY Slip Op 04859 [30 AD3d 539]
Decided on June 13, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 13, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
2005-06955 DECISION & ORDER

[*1]The People, etc., respondent,

v

Francisco Jiminez, appellant. (Ind. No. 2516/93)





Russell C. Morea, Smithtown, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A.
Hovani of counsel), for respondent.

Appeal by the defendant from a resentence of the County Court, Suffolk County (Braslow, J.), imposed June 15, 2005, upon his conviction of criminal sale of a controlled substance in the first degree (two counts) and criminal possession of a controlled substance in the first degree (two counts).

ORDERED that the resentence is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).
SCHMIDT, J.P., CRANE, KRAUSMAN, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court