Opinion
2002-06550.
Decided May 24, 2004.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Reichbach, J.), imposed June 26, 2002, upon his conviction of assault in the second degree.
Sally Wasserman, New York, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shlom J. Twersky of counsel; Robert W. Ho on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.,
DECISION ORDER
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 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).
The defendant has not raised any nonfrivolous issues in his supplemental pro se brief, and, in any event, the issues raised are not properly before this court.
SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.