People v. Collins

140 A.D.3d 1716, 32 N.Y.S.3d 541

Opinion

The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. Memorandum: Defendant was convicted upon her guilty plea of aggravated unlicensed operation of a motor vehicle in the first degree (AUO) (Vehicle and Traffic Law § 511 [3] [a] [i]) and driving while intoxicated (DWI) (§ 1192 [3]). County Court imposed a six-month term of imprisonment on the AUO count together with a $500 fine, and a concurrent six-month term on the DWI count together with a $500 fine and a one-year conditional discharge for purposes of the ignition interlock device requirement (see Vehicle and Traffic Law § 1193 [1] [b] [ii]). Defendant’s assigned appellate counsel has moved to be relieved of the assignment on the ground that there are no nonfrivolous issues for appeal (see People v Crawford, 71 AD2d 38 [1979]). Upon our review of the record, we conclude that a nonfrivolous issue exists as to whether the court erroneously imposed a more severe sentence than that bargained for if defendant was not successful on interim probation, without affording defendant the opportunity to withdraw her plea (see People v Lafferty, 60 AD3d 1318, 1318-1319 [2009]; see generally People v Carr, 127 AD3d 1503, 1504 [2015]). We therefore relieve counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel’s review of the record may disclose. (Appeal from a Judgment of the Monroe County Court, Vincent M. Dinolfo, J. — Aggravated Unlicensed Operation of a Motor Vehicle, 1st Degree.)

Present — Whalen, P.J., Lindley, NeMoyer and Scud-der, JJ.