General

The People of the State of New York, Respondent, v. Ramon Frank, Appellant

80 A.D.2d 530·New York Supreme Court, Appellate Division·1981·NY

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Opinion

The People of the State of New York, Respondent, v Ramon Frank, Appellant. [MAJORITY] Judgment of resentence, Supreme Court, New York County, rendered on January 25, 1980, unanimously affirmed. Appellant’s appeal from judgment of said court rendered on January 25, 1979, dismissed, since by reason of resentence that judgment was vacated and the judgment rendered on January 25, 1980, substituted therefor, and it is only from the latter judgment that an appeal lies. Application by appellant’s counsel to withdraw as counsel is granted. (See Anders v California, 386 US 738; People v Saunders, 52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no meritorious points which could be raised on this appeal. Concur — Kupferman, J: P., Birns, Ross, Carro and Fein, JJ.