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People v. Clancy

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 1, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
DERRICK CLANCY, APPELLANT.

Appeal by the defendant from a resentence of the County Court, Suffolk County (Kahn, J.), imposed April 6, 2009, which, upon his conviction of rape in the first degree (two counts), sodomy in the first degree (three counts), sexual abuse in the first degree (two counts), and robbery in the third degree, upon his plea of guilty, imposed periods of postrelease supervision in addition to the determinate terms of imprisonment previously imposed on February 14, 2000.

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.

STEVEN W. FISHER, J.P., THOMAS A. DICKERSON, RANDALL T. ENG and ARIEL E. BELEN, JJ.

(Ind. No. 1444/99)

DECISION & ORDER

ORDERED that the resentence is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no non-frivolous 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; People v Paige, 54 AD2d 631; cf. People v Gonzalez, 47 NY2d 606).

FISHER, J.P., DICKERSON, ENG and BELEN, JJ., concur.

20100601

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