People v. Sabins

Appellate Division of the Supreme Court of New York

People v. Sabins

130 A.D.3d 1509, 11 N.Y.S.3d 507

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

DecidedJuly 2, 2015

StatusPublished

This text of 130 A.D.3d 1509 (People v. Sabins) 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. Sabins, 130 A.D.3d 1509, 11 N.Y.S.3d 507 (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 criminal possession of a forged instrument in the second degree (Penal Law § 170.25). 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 as to whether defendant’s plea was knowing, voluntary and intelligent, concerning whether defendant was advised of the direct consequences of his plea (see generally People v Jones, 118 AD3d 1360, 1361 [2014]). 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 Steuben County Court, Joseph W. Latham, J. — Criminal Possession of a Forged Instrument, 2nd Degree). Present— Scudder, P.J., Carni, Lindley, Valentino 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 guilty plea of criminal possession of a forged instrument in the second degree (Penal Law § 170.25). 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 as to whether defendant’s plea was knowing, voluntary and intelligent, concerning whether defendant was advised of the direct consequences of his plea (see generally People v Jones, 118 AD3d 1360, 1361 [2014]). 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 Steuben County Court, Joseph W. Latham, J. — Criminal Possession of a Forged Instrument, 2nd Degree). Present— Scudder, P.J., Carni, Lindley, Valentino and Whalen, JJ.

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Bluebook (online)

130 A.D.3d 1509, 11 N.Y.S.3d 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sabins-nyappdiv-2015.

Opinion

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