Opinion
April 9, 1990
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the motion is granted, Wallace M. Germain of 89-27 37th Avenue, Jackson Heights, New York, is relieved as attorney for the defendant and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
Ordered that Leroi Hill, of 1 Main Street, Brooklyn, New York 11201, is assigned as counsel to perfect the appeal; and it is further,
Ordered that the People are directed to furnish a copy of the stenographic minutes to the new assigned counsel; and it is further,
Ordered that new counsel shall serve and file a brief on behalf of the defendant within 90 days of the date of this decision and order and the People shall serve and file their brief within 120 days of the date of this decision and order; by prior decision and order of this court, the defendant was granted leave to prosecute the appeal on the original papers (including the typewritten stenographic minutes) and on the typewritten briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.
Assigned counsel submitted a brief in which he indicated that there was no merit to the defendant's appeal. The defendant submitted a supplemental pro se brief raising certain issues which he sought to have reviewed. Assigned counsel subsequently submitted an additional brief again indicating his belief that the defendant's appeal was meritless.
We find that assigned counsel denigrated the claims which the defendant sought to raise in his supplemental pro se brief (see, People v. Vasquez, 70 N.Y.2d 1, 4; People v. Jimenez, 133 A.D.2d 350). Counsel should not have made speculative comments against his client's interests. We also note that counsel filed his main brief when he was not in possession of all of the relevant minutes of the subject suppression hearing. Under the circumstances, the motion of the defendant's assigned counsel to be relieved as counsel is granted and new appellate counsel is assigned (see, People v. Gonzalez, 47 N.Y.2d 606; People v Casiano, 67 N.Y.2d 906; People v. Miller, 99 A.D.2d 1021). Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.