PeoplevClarke

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 30, 2014
• Docket: 104194
• Status: Published

Opinion

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: October 30, 2014 104194 ________________________________

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER

NIGEL K. CLARKE, Also Known as BO, Appellant. ________________________________

Calendar Date: September 16, 2014

Before: Peters, P.J., Garry, Egan Jr., Lynch and Clark, JJ.

__________

Jon Kosich, Greenville, for appellant, and appellant pro se.

Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for respondent.

Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered January 28, 2011, which resentenced defendant following his conviction of the crime of criminal possession of a weapon in the second degree.

Defendant was convicted of murder in the second degree and criminal possession of a weapon in the second degree in 2000 (5 AD3d 807 [2004], lvs denied 2 NY3d 796, 797 [2004]). He was sentenced to, among other things, a prison term of 15 years on the weapons possession conviction. The requisite term of postrelease supervision was not included as part of that sentence and, in 2011, defendant was returned before County Court for resentencing (see Correction Law § 601-d). County Court resentenced defendant on the weapons possession conviction to the -2- 104194

original prison term, to be followed by five years of postrelease supervision. Defendant appeals from the judgment resentencing him.

Appellate counsel seeks to be relieved of his assignment of representing defendant, asserting that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, counsel's brief, and the letter response of defendant himself, we agree. Thus, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Peters, P.J., Garry, Egan Jr., Lynch and Clark, JJ., concur.

ORDERED that the judgment is affirmed, and application to be relieved of assignment granted.

ENTER:

Robert D. Mayberger Clerk of the Court