People v. Perez

74 A.D.3d 1881, 902 N.Y.S.2d 467

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 promoting prison contraband in the first degree (Penal Law § 205.25 [2]). Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). However, upon our review of the record we conclude that there are nonfrivolous issues meriting this Court’s consideration, specifically, whether County Court erred in denying defendant’s motion to dismiss the indictment based on preindictment delay and the propriety of the court’s ruling following the Huntley hearing. Therefore, we relieve counsel of his assignment and assign new counsel to brief these issues, 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, 1st Degree). Present—Scudder, P.J., Martoche, Sconiers, Green and Gorski, JJ.