Opinion
July 13, 1990
Appeal from the Onondaga County Family Court, Hedges, J.
Present — Dillon, P.J., Doerr, Boomer, Lawton and Davis, JJ.
Case held, decision reserved, motion to relieve counsel's assignment granted, and new counsel to be assigned. Memorandum: Respondent's attorney has moved to be relieved of his assignment on the ground that no nonfrivolous issues exist on the appeal. While we do not determine the applicability of this court's decision in People v. Crawford ( 71 A.D.2d 38) to this appeal from an order of disposition in a juvenile delinquency proceeding, we do find at least three nonfrivolous issues overlooked by counsel. The first issue is whether the presentment agency proved beyond a reasonable doubt that respondent committed an act which, if committed by an adult, would be a crime (see, Family Ct Act § 342.2; Matter of Jerry XX., 115 A.D.2d 797, lv denied 68 N.Y.2d 601). The second issue is whether Family Court's determination is supported by the weight of the evidence (see, e.g., Matter of Orlando S., 55 A.D.2d 620). A third nonfrivolous issue concerns the absence of respondent's parent at the separate fact-finding and dispositional hearings (see, Family Ct Act § 341.2; Matter of Roman, 144 A.D.2d 315, 316).
We, therefore, relieve counsel of his assignment and assign new counsel to file a brief addressing the above issues and any other nonfrivolous issues found by counsel upon a review of the record.