The People, etc., respondent, v. Benjamin Gilliam, appellant. (2011)

Submitted-February 23, 2011

DECISION & ORDER

Appeal by the defendant from an order of the County Court, Suffolk County (Efman, J.), entered May 3, 2010, which, without a hearing, denied his motion for resentencing pursuant to CPL 440.46 on his convictions of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), which sentence was originally imposed by the same court (Gazzillo, J.), upon his plea of guilty, on December 23, 2003.   Assigned counsel has submitted a brief in accordance with Anders v. California (386 U.S. 738) and moves to be relieved of the assignment to prosecute this appeal.

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).

MASTRO, J.P., ANGIOLILLO, BALKIN, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court