People v McTootle
2008 NY Slip Op 05727 [52 AD3d 738]
June 17, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent,
v
Gregory McTootle, Appellant.

—[*1] Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio of counsel), for respondent.

Appeal by the defendant from an order of the County Court, Nassau County (Calabrese, J.), entered August 9, 2006, which denied his application to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643).

Ordered that the order 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 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Rivera, J.P., Lifson, Miller, Carni and Eng, JJ., concur.