Opinion
2011-10-18
The PEOPLE, etc., respondent,v.Nathaniel NURSE, appellant.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Dutchess County (Hayes, J.), imposed January 22, 2009, which, upon his conviction of burglary in the first degree (two counts) and attempted robbery in the first degree (three counts), upon a jury verdict, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on May 20, 2002. 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 she moves to withdraw as counsel for the appellant.
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 as counsel is granted ( see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; 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).
RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.