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The People of the State of New York v. Jimmy Calle

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department


November 1, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JIMMY CALLE,
APPELLANT.

Appeal from amended judgments of the City Court of Peekskill, Westchester County (Thomas R. Langan, J.), rendered January 22, 2009.

People v Calle (Jimmy)

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 1, 2011

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

The amended judgments revoked sentences of probation previously imposed by the same court, upon a finding that defendant had violated conditions thereof, upon defendant's admission, and resentenced him to concurrent one-year terms of imprisonment on his prior convictions of driving while intoxicated, criminal contempt in the second degree and criminal mischief in the fourth degree.

ORDERED that the amended judgments of conviction are affirmed.

We have reviewed the record and agree with 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 [1967]; People v Sanchez, 68 AD3d 1140 [2009]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: November 01, 2011

20111101

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