The People, etc., respondent, v. Rufus Gibbs, appellant.

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

The People, etc., respondent, v. Rufus Gibbs, appellant.

2009-09021 (Ind.No. 07-00364)

Decided: February 22, 2011

REINALDO E. RIVERA, J.P. ANITA R. FLORIO THOMAS A. DICKERSON L. PRISCILLA HALL SHERI S. ROMAN, JJ. Abbie Goldbas, Utica, N.Y., for appellant, and appellant pro se. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent. The defendant has not, nor could he have, raised any nonfrivolous issues in his pro se supplemental brief.

Submitted-February 9, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered September 3, 2009, 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).

RIVERA, J.P., FLORIO, DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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