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People v. McLeod

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


January 15, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CLIFFORD MCLEOD, APPELLANT.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Calendar Date: November 24, 2008

Before: Cardona, P.J., Peters, Rose, Kane and Kavanagh, JJ.

MEMORANDUM AND ORDER

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 non-frivolous 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, ___ NY3d ___, ___, 2008 NY Slip Op 09854, *5 [2008]). Accordingly, the order is affirmed and counsel's request for leave to withdraw is 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, P.J., Peters, Rose, Kane and Kavanagh, JJ., concur.

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

20090115

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