Opinion
2014-10-30
The PEOPLE of the State of New York, Respondent, v. Nigel K. CLARKE, Also Known as Bo, Appellant.
Jon Kosich, Greenville, for appellant, and appellant pro se. Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for respondent.
Jon Kosich, Greenville, for appellant, and appellant pro se. Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for respondent.
Before: PETERS, P.J., GARRY, EGAN JR., LYNCH and CLARK, JJ.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered January 28, 2011, which resentenced defendant following his conviction of the crime of criminal possession of a weapon in the second degree.
Defendant was convicted of murder in the second degree and criminal possession of a weapon in the second degree in 2000 (5 A.D.3d 807, 772 N.Y.S.2d 630 [2004], lvs. denied2 N.Y.3d 796, 797, 781 N.Y.S.2d 295, 296, 814 N.E.2d 467, 468 [2004] ). He was sentenced to, among other things, a prison term of 15 years on the weapons possession conviction. The requisite term of postrelease supervision was not included as part of that sentence and, in 2011, defendant was returned before County Court for resentencing ( seeCorrection Law § 601–d). County Court resentenced defendant on the weapons possession conviction to the original prison term, to be followed by five years of postrelease supervision. Defendant appeals from the judgment resentencing him.
Appellate counsel seeks to be relieved of his assignment of representing defendant, asserting that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, counsel's brief, and the letter response of defendant himself, we agree. Thus, the judgment is affirmed and counsel's request for leave to withdraw is granted ( see People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985], lv. denied67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986]; see generally People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ).
ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.