People v Henry

People v Henry 2014 NY Slip Op 02795 Decided on April 23, 2014 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 April 23, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ. 2013-01813

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

v

Anthony Henry, appellant.




Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder of
counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y.
(Leonard Joblove and Jodi L.
Mandel of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed September 28, 2012, upon his conviction of murder in the second degree and assault in the first degree, which sentence was originally imposed, upon a jury verdict, on May 29, 2001. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738), in which she moves for leave to withdraw as counsel for the appellant.

ORDERED that the resentence is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v California (386 US 738), and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted (see Anders v California, 386 US 738; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).
RIVERA, J.P., DICKERSON, COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court