People v Smoak (Joseph)

[*1] People v Smoak (Joseph) 2008 NY Slip Op 52560(U) [21 Misc 3d 146(A)] Decided on December 19, 2008 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ
2007-444 W CR.

The People of the State of New York, Respondent,

against

Joseph Smoak, Appellant.

Appeal from an amended judgment of the City Court of New Rochelle, Westchester County (John P. Colangelo, J.), rendered January 26, 2007. The amended judgment revoked a sentence of probation previously imposed by the same court, upon a finding that defendant had violated a condition thereof, upon defendant's admission, and resentenced him to a term of 10 months' imprisonment upon his previous convictions of two counts of non-support of a child in the second degree.

Amended judgment of conviction affirmed.

We have reviewed the record on appeal and agree with defendant's counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel is granted leave to withdraw (see Anders v California, 386 US 738 [1967]; People v Paige, 54 AD2d 631 [1976]).

Rudolph, P.J., Molia and Scheinkman, JJ., concur.
Decision Date: December 19, 2008