Opinion
No. 2006-09812.
November 18, 2008.
Appeal by the defendant from an order of the Supreme Court, Queens County (Eng, J.), dated April 25, 2006, which denied his application to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643) on his conviction of criminal possession of a controlled substance in the second degree, which sentence was originally imposed, upon his plea of guilty, on March 7, 1995.
Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and John F. McGoldrick of counsel), for respondent.
Before: Rivera, J.P., Florio, Angiolillo, McCarthy and Chambers, JJ.
Ordered that the order 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 US 738; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).
The defendant has not, nor could he have, raised any nonfrivolous issues in his supplemental pro se brief.