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61 A.D.3d 897

People v. Penna

Appellate Division of the Supreme Court of the State of New York · decided 2009-04-21

Decided 2009-04-21

¶1Appeal by the defendant from a resentence of the County Court, Suffolk County (Efman, J.), imposed March 6, 2008, after remittitur from this Court (see People v Penna, 47 AD3d 844 [2008]).

¶2Ordered that the resentence is affirmed.

¶3We 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 [1967]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]). Spolzino, J.P., Santucci, Angiolillo and Leventhal, JJ., concur.

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