The People, etc., respondent, v. Nathan Powell, appellant.

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

The People, etc., respondent, v. Nathan Powell, appellant.

2009-00271 (Ind.No. 82/02)

Decided: November 23, 2010

MARK C. DILLON, J.P. FRED T. SANTUCCI THOMAS A. DICKERSON CHERYL E. CHAMBERS, JJ. Judah Maltz, Kew Gardens, N.Y., for appellant, and appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Judith R. Sternberg, and Matthew C. Frankel of counsel), for respondent. The defendant has not, nor could he have, raised any nonfrivolous issues in his supplemental pro se brief.

Submitted-November 4, 2010

DECISION & ORDER

Appeal by the defendant from a resentence of the County Court, Nassau County (Jaeger, J.), imposed November 19, 2008, upon his conviction of manslaughter in the first degree, upon his plea of guilty, imposed August 18, 2003.

ORDERED that the resentence 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).

DILLON, J.P., SANTUCCI, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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