People v Walker, 2020 NY Slip Op 00624 [179 AD3d 1103]

January 29, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Eric Walker, Appellant.

Paul Skip Laisure, New York, NY (Melissa S. Horlick of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Deanna Russo on the brief), for respondent.

Appeal by the defendant from so much of an order of the Supreme Court, Queens County (Stephen A. Knopf, J.), dated October 10, 2014, as, upon renewal, denied his motion to be resentenced pursuant to CPL 440.46 on his conviction of criminal possession of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on June 25, 2003. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.

Ordered that the order is affirmed insofar as appealed from.

We are satisfied with the sufficiency of the brief filed by the defendant’s assigned counsel pursuant to Anders v California (386 US 738 [1967]), 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 id. ; Matter of Giovanni S. [Jasmin A.] , 89 AD3d 252 [2011]; People v Paige , 54 AD2d 631 [1976]; cf. People v Gonzalez , 47 NY2d 606 [1979]). Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur..