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People v. Colzie

Supreme Court, Appellate Division, Second Department, New York.
Apr 30, 2014
116 A.D.3d 1063 (N.Y. App. Div. 2014)

Opinion

2014-04-30

The PEOPLE, etc., respondent, v. Michael W. COLZIE, appellant.

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.


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.

Appeal by the defendant from a resentence of the Supreme Court, Suffolk County (Condon, J.), imposed June 24, 2011, upon his conviction of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the resentence is affirmed.

We are satisfied with the sufficiency of the brief filed by the defendant's assigned counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, and, upon an independent review of the record, we conclude that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is, therefore, granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493;Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676;People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399;cf. People v. Gonzalez, 47 N.Y.2d 606, 419 N.Y.S.2d 913, 393 N.E.2d 987). BALKIN, J.P., LOTT, ROMAN and MILLER, JJ., concur.


Summaries of

People v. Colzie

Supreme Court, Appellate Division, Second Department, New York.
Apr 30, 2014
116 A.D.3d 1063 (N.Y. App. Div. 2014)
Case details for

People v. Colzie

Case Details

Full title:The PEOPLE, etc., respondent, v. Michael W. COLZIE, appellant.

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

Date published: Apr 30, 2014

Citations

116 A.D.3d 1063 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 2951
983 N.Y.S.2d 873