People v. Haigler

Appellate Division of the Supreme Court of New York

People v. Haigler

128 A.D.3d 1427, 6 N.Y.S.3d 528

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 2015

StatusPublished

This text of 128 A.D.3d 1427 (People v. Haigler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Haigler, 128 A.D.3d 1427, 6 N.Y.S.3d 528 (N.Y. Ct. App. 2015).

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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 his guilty plea of promoting prison contraband in the second degree (Penal Law § 205.20 [2]). Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). We conclude that there is a nonfrivolous issue concerning whether the record contained sufficient evidence of guilt to support an Alford plea. 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 Judgment of Wyoming County Court, Mark H. Dadd, J. — Promoting Prison Contraband, 2nd degree). Present — Scudder, P.J., Smith, Sconiers, Whalen and DeJoseph, JJ.

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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 his guilty plea of promoting prison contraband in the second degree (Penal Law § 205.20 [2]). Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). We conclude that there is a nonfrivolous issue concerning whether the record contained sufficient evidence of guilt to support an Alford plea. 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 Judgment of Wyoming County Court, Mark H. Dadd, J. — Promoting Prison Contraband, 2nd degree). Present — Scudder, P.J., Smith, Sconiers, Whalen and DeJoseph, JJ.

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Bluebook (online)

128 A.D.3d 1427, 6 N.Y.S.3d 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-haigler-nyappdiv-2015.

Opinion

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