People v White

People v White 2011 NY Slip Op 09684 Decided on December 27, 2011 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 December 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
2010-02027
2010-07442
(Ind. No. 2317/08)

[*1]The People of the State of New York, respondent,

v

Mike White, appellant.




Andrew E. MacAskill, Westbury, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T.
Fleischer of counsel; Flora diMonda
on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from (1) a judgment of the County Court, Nassau County (Donnino, J.), rendered February 9, 2010, convicting him of robbery in the first degree (three counts), robbery in the second degree (three counts), and 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 July 1, 2010. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which he moves for leave to withdraw as counsel for the appellant.

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; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).
DILLON, J.P., DICKERSON, LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court