The People, etc., respondent, v. Anthony Miller, appellant. (2011)

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

The People, etc., respondent, v. Anthony Miller, appellant.

2010-02496 (Ind.No. 197-08)

Decided: March 08, 2011

REINALDO E. RIVERA, J.P. ANITA R. FLORIO THOMAS A. DICKERSON L. PRISCILLA HALL SHERI S. ROMAN, JJ.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Submitted-February 23, 2011

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Braslow, J.), rendered February 8, 2010, revoking a sentence of probation previously imposed by the same court upon a finding that he has violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a weapon in the fourth degree.

ORDERED that the amended judgment 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, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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