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Appellate Term, First Department: November 19, 2018

Appellate Term, First Department:November 19, 2018

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By: Shulman, P.J., Ling-Cohan, Gonzalez, JJ.18-062. THE PEOPLE OF THE STATE OF NEW YORK, res, v. AMLICAR ARBOLEDA, def-app — Judgment of resentence (Steven J. Hornstein, J.), rendered June 20, 2017, affirmed.Where “a resentence occurs more than thirty days after the original sentence, a defendant who has not previously filed a notice of appeal from the judgment may not appeal from the judgment, but only from the resentence” (CPL 450.30[3]). Here, defendant has only appealed from the June 2017 judgment resentencing him. As a result, defendant is jurisdictionally foreclosed from raising issues related to his original (March 2015) judgment of conviction (see People v. Jordan, 16 NY3d 845, 846 [2011]; People v. Golb, 126 AD3d 401, 402 [2015], lv denied 26 NY3d 929 [2015]; People v. Ramos, 105 AD3d 684, 685 [2013], lv denied 21 NY3d 1045 [2013]). Since defendant has not demonstrated any basis for reversal or modification of the judgment of resentence, that judgment is affirmed (see People v. McBryde, 96 AD3d 1085 [2012]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.November 19, 2018

18-194. THE PEOPLE OF THE STATE OF NEW YORK, res, v. IRVING CRUZ, def-app — Judgment of conviction (Jeffrey Rosenblueth, J.), rendered September 28, 2017, affirmed.Application by appellant’s counsel to withdraw as counsel is granted (see Anders v. California, 386 US 738 [1967]; People v. Saunders, 52 AD2d 833 [1976]). We are satisfied with the sufficiency of the brief filed by defendant’s assigned counsel pursuant to Anders, and, upon an independent review of the record, agree that there is no valid appealable issue that could be raised on appeal.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.November 19, 2018

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