People v. McLeod

Appellate Division of the Supreme Court of New York

People v. McLeod

58 A.D.3d 942, 869 N.Y.S.2d 924

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 2009

StatusPublished

This text of 58 A.D.3d 942 (People v. McLeod) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McLeod, 58 A.D.3d 942, 869 N.Y.S.2d 924 (N.Y. Ct. App. 2009).

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Opinion

Appeal from an order of the County Court of Broome County (Mathews, J.), entered August 28, 2006, which denied defendant’s motion for resentencing pursuant to the Drug Law Reform Act of 2005.

Defendant, serving concurrent prison terms of six years to life and 1 to 3 years for his convictions for criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance in the third degree, respectively, moved for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643). County Court denied defendant’s application and this appeal ensued.

Defendant’s appellate counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues to be pursued on appeal. We have reviewed counsel’s brief, defendant’s pro se letter and the record and are in agreement (see People v Mills, 11 NY3d 527, 534-535 [2008]). Accordingly, the order is affirmed and counsel’s request for leave to withdraw [943]*943is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Cardona, EJ., Peters, Rose, Kane and Kavanagh, JJ., concur. Ordered that the order is affirmed, and application to be relieved of assignment granted.

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Appeal from an order of the County Court of Broome County (Mathews, J.), entered August 28, 2006, which denied defendant’s motion for resentencing pursuant to the Drug Law Reform Act of 2005.

Defendant, serving concurrent prison terms of six years to life and 1 to 3 years for his convictions for criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance in the third degree, respectively, moved for resentencing pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643). County Court denied defendant’s application and this appeal ensued.

Defendant’s appellate counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues to be pursued on appeal. We have reviewed counsel’s brief, defendant’s pro se letter and the record and are in agreement (see People v Mills, 11 NY3d 527, 534-535 [2008]). Accordingly, the order is affirmed and counsel’s request for leave to withdraw [943]*943is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Cardona, EJ., Peters, Rose, Kane and Kavanagh, JJ., concur. Ordered that the order is affirmed, and application to be relieved of assignment granted.

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Bluebook (online)

58 A.D.3d 942, 869 N.Y.S.2d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcleod-nyappdiv-2009.

Opinion

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