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People v. Phelps

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 25, 2011
82 A.D.3d 1726 (N.Y. App. Div. 2011)

Opinion

No. KA 08-01799.

March 25, 2011.

Appeal from Judgment of Steuben County Court, Joseph William Latham, J. — Attempted Burglary, 2nd Degree.

Present: Scudder, P.J., Centra, Sconiers, Gorski and Martoche, JJ.


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 a guilty plea of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25), and was sentenced to a determinate term of imprisonment of four years and five years postrelease supervision, to be served concurrently with a determinate sentence imposed on the same date for a separate felony conviction. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford ( 71 AD2d 38). However, because the record reflects that defendant committed the instant violent felony offense while awaiting sentence on the prior offense, we find that a nonfrivolous issue exists as to whether concurrent sentences were illegally imposed ( see Penal Law § 70.25 [2-b]). Therefore, we 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.


Summaries of

People v. Phelps

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 25, 2011
82 A.D.3d 1726 (N.Y. App. Div. 2011)
Case details for

People v. Phelps

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALINA PHELPS, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 25, 2011

Citations

82 A.D.3d 1726 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 2333
918 N.Y.S.2d 914