The People, etc., respondent, v. Israel Martinez, appellant. (2010)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Israel Martinez, appellant.

2009-01938 (Ind.No. 12423 /90)

Decided: February 16, 2010

REINALDO E. RIVERA, J.P. ANITA R. FLORIO THOMAS A. DICKERSON ARIEL E. BELEN SHERI S. ROMAN, JJ.

Steven Banks, New York, N.Y. (Adrienne M. Gantt of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Marilyn A. Filingeri of counsel), for respondent.

Submitted-January 27, 2010

DECISION & ORDER

Appeal by the defendant from an order of the Supreme Court, Queens County (Hollie, J.), dated January 7, 2009, which denied, without a hearing, his motion for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), upon his conviction of criminal possession of a controlled substance in the second degree, which sentence was originally imposed, upon his plea of guilty, on February 7, 1991.

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 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

RIVERA, J.P., FLORIO, DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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