People v Jackson
2008 NY Slip Op 06856 [54 AD3d 775]
September 9, 2008
Appellate Division, Second Department
As corrected through Wednesday, October 29, 2008


The People of the State of New York,Respondent,
v
Monie Jackson, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant, andappellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and MerriTurk Lasky of counsel; Michelle Kaszuba on the brief), for respondent.

Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County(Latella, J.), dated September 30, 2004, which denied his motion, in effect, to vacate a judgmentof the same court rendered February 2, 1999, convicting him of assault in the second degree,upon his plea of guilty, and sentencing him as a persistent violent felony offender to anindeterminate term of imprisonment of 14 years to life, or to set aside the sentence.

Ordered that the order is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there areno nonfrivolous issues which could be raised on appeal. Counsel's application for leave towithdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; Peoplev Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).

The defendant has not, nor could he have, raised any nonfrivolous issues in his supplementalpro se brief. Skelos, J.P., Ritter, Florio and Carni, JJ., concur.


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