Opinion
2012-03-15
The PEOPLE of the State of New York, Respondent, v. Chester L. JACKSON, Appellant.
Abbie Goldbas, Utica, for appellant. William G. Gabor, District Attorney, Wampsville (Elizabeth S. Healy of counsel), for respondent.
Abbie Goldbas, Utica, for appellant. William G. Gabor, District Attorney, Wampsville (Elizabeth S. Healy of counsel), for respondent.
Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered February 11, 2011, which resentenced defendant following his conviction of the crimes of rape in the first degree and robbery in the second degree.
In 2001, as relevant here, defendant entered a plea of guilty to rape in the first degree and robbery in the second degree. County Court sentenced defendant, as a second felony offender, to concurrent prison terms of 10 years on each of these counts (46 A.D.3d 1110, 1110, 847 N.Y.S.2d 743 [2007], lv. denied 10 N.Y.3d 766, 854 N.Y.S.2d 328, 883 N.E.2d 1263 [2008] ). Thereafter, upon being informed that the mandatory period of postrelease supervision for these convictions had not been imposed, the court required that defendant be returned for resentencing. At the conclusion*892 of that proceeding, County Court, with the consent of the prosecutor as required by Penal Law § 70.85, resentenced defendant to his original sentence without imposing any period of postrelease supervision. This appeal ensued.
Appellate counsel seeks to be relieved of her assignment upon the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we agree. Therefore, the judgment is affirmed and counsel's application for leave to withdraw is granted ( see People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985], lv. denied 67 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.