People v. Barton

132 A.D.2d 1000, 518 N.Y.S.2d 286, 1987 N.Y. App. Div. LEXIS 49474

Opinion

Case held, decision reserved, counsel’s application to withdraw granted, and new counsel to be assigned. Memorandum: Our review of the record reveals that the propriety of the suppression court’s denial of defendant’s motion to suppress statements he made to a State Trooper, as well as physical evidence seized from a passenger in his vehicle and from the trunk of his vehicle by State Troopers, presents a nonfrivolous issue which arguably could support reversal of the judgment convicting defendant of robbery in the second degree. Where there exist nonfrivolous arguments for reversal of defendant’s conviction, it is a denial of defendant’s constitutional right to the effective assistance of appellate counsel for his lawyer to submit a brief requesting to be relieved of his assignment (see, People v Crawford, 71 AD2d 38). Since we find a nonfrivolous issue, we will assign new counsel to submit full briefs before considering the appeal (People v Casiano, 67 NY2d 906, 907; People v Gonzalez, 47 NY2d 606, 610-611; People v Gaines, 122 AD2d 565). (Appeal from judgment of Jefferson County Court, Aylward, J. — robbery, second degree.) Present — Dillon, P. J., Doerr, Boomer, Pine and Lawton, JJ.