The People, etc., respondent, v. Rodolfo Ponciano, appellant. (2010)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Rodolfo Ponciano, appellant.

2007-10317 (Ind.No. 06-00863)

Decided: February 02, 2010

MARK C. DILLON, J.P. HOWARD MILLER RUTH C. BALKIN JOHN M. LEVENTHAL LEONARD B. AUSTIN, JJ.

Eric Press, White Plains, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Stefanie DeNise, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Submitted-January 6, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Molea, J.), rendered September 14, 2007, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

DILLON, J.P., MILLER, BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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