People v. Mead

Appellate Division of the Supreme Court of New York

People v. Mead

120 A.D.3d 1615, 992 N.Y.S.2d 916

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

DecidedSeptember 26, 2014

StatusPublished

This text of 120 A.D.3d 1615 (People v. Mead) 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. Mead, 120 A.D.3d 1615, 992 N.Y.S.2d 916 (N.Y. Ct. App. 2014).

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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 Alford plea of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). Our review of the record reveals a nonfrivolous issue regarding the validity of defendant’s plea, i.e., whether there was sufficient evidence of guilt in the record to support the Alford plea (see People v Richardson, 72 AD3d 1578, 1579-1580 [2010]; People v Oberdorf, 5 AD3d 1000, 1001 [2004]). We therefore relieve counsel of her 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 Genesee County Court, Robert C. Noonan, J.— Attempted Assault, 2nd Degree).

Present — Scudder, PJ., Centra, Carni, Lindley and Whalen, 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 Alford plea of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). Our review of the record reveals a nonfrivolous issue regarding the validity of defendant’s plea, i.e., whether there was sufficient evidence of guilt in the record to support the Alford plea (see People v Richardson, 72 AD3d 1578, 1579-1580 [2010]; People v Oberdorf, 5 AD3d 1000, 1001 [2004]). We therefore relieve counsel of her 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 Genesee County Court, Robert C. Noonan, J.— Attempted Assault, 2nd Degree).

Present — Scudder, PJ., Centra, Carni, Lindley and Whalen, JJ.

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Bluebook (online)

120 A.D.3d 1615, 992 N.Y.S.2d 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mead-nyappdiv-2014.

Opinion

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