People v Marks
2010 NY Slip Op 06651 [76 AD3d 1033]
September 21, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 27, 2010


The People of the State of New York, Respondent,
v
Albaceil Marks, Appellant.

[*1] Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Walsh, J.), rendered December 22, 2008, convicting him of criminal possession of stolen property in the third degree, upon his plea of guilty, and imposing sentence, and (2) a resentence of the same court imposed February 5, 2009.

Ordered that the judgment and the resentence are 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]). Mastro, J.P., Florio, Dickerson, Belen and Lott, JJ., concur.