People v. Ivey

83 A.D.3d 1605, 921 N.Y.S.2d 595

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 29, 2011
• Status: Published

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 a guilty plea of assault in the second degree and was sentenced to a determinate term of imprisonment of four years and five years’ postrelease supervision. Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]), and has submitted an affirmation in which he concludes that there are no nonfrivolous issues that can be raised on appeal. The record reflects that defendant moved prior to sentencing to withdraw his plea, claiming, inter alia, that the plea was coerced. We conclude that a nonfrivolous issue exists as to whether the court erred in denying defendant’s motion without conducting a hearing. Therefore, we 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 Monroe County Court, John J. Connell, J.—Assault, 2nd Degree). Present—Scudder, P.J., Centra, Carni, Sconiers and Green, JJ.