| People v Rodriguez |
| 2011 NY Slip Op 09679 [90 AD3d 1078] |
| December 27, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Orlando Rodriguez, Appellant. |
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Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard
Longworth Hecht of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered July 18, 2007, which denied his motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643) on his conviction of criminal possession of a controlled substance in the second degree, which sentence was originally imposed, upon his plea of guilty, on June 29, 1988. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.
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]). Mastro, A.P.J., Balkin, Chambers and Sgroi, JJ., concur.