Opinion
October 18, 1990
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Defendant and his codefendants Guillerrmo Paniaqua, Justo Sanchez and Ricardo Rodriguez were jointly tried before a jury. The People concede, and we find, that defendant's conviction must be reversed and a new trial ordered on the ground that the trial court dismissed a sworn juror on the second day of trial (People v. Sanchez, 160 A.D.2d 554; People v. Paniaqua, 160 A.D.2d 334).
Defendant's appellate counsel moved to withdraw on the ground that there are no nonfrivolous points which could be raised on this appeal (see, Anders v. California, 386 U.S. 738; People v Saunders, 52 A.D.2d 833), despite our disposition of the codefendants' appeals. Under the circumstances, we discharge counsel without compensation.
Concur — Carro, J.P., Rosenberger, Kassal, Ellerin and Wallach, JJ.