The People, etc., respondent, v. Clyde Middleton, appellant. (2011)

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

The People, etc., respondent, v. Clyde Middleton, appellant.

2009–11643 (Ind.No. 10992 /02)

Decided: December 20, 2011

WILLIAM F. MASTRO, A.P.J. RUTH C. BALKIN CHERYL E. CHAMBERS SANDRA L. SGROI, JJ.

Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle Fenn of counsel), for respondent. Appeal by the defendant from a resentence of the Supreme Court, Queens County (Knopf, J.), imposed November 19, 2009, pursuant to CPL 440.46, upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, after a nonjury trial, on March 10, 2004.   Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738), in which she moves for leave to withdraw as counsel for the appellant.