Opinion
October 26, 1993
Appeal from the Supreme Court, New York County (James Leff, J.).
Application of appellate counsel to withdraw as counsel (see, People v. Saunders, 52 A.D.2d 833) is denied as counsel has failed to analyze issues presented in the record of the plea and sentence proceedings which resulted in defendant's conviction. Moreover, assigned counsel failed to give an adequate recitation of the underlying facts as they were developed at the suppression hearing and failed to make reference to defendant's pro se motion to withdraw his guilty plea filed prior to sentencing. Since our own review cannot substitute for the single-minded advocacy of appellate counsel (People v. Casiano, 67 N.Y.2d 906, 907), assignment of new appellate counsel is required.
Concur — Sullivan, J.P., Rosenberger, Ross and Asch, JJ.