Opinion
2015–07641 Ind. No. 1604/15
06-24-2020
The PEOPLE, etc., Respondent, v. Jason POWELL, Appellant.
Harvey A. Herbert, Brooklyn, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.
Harvey A. Herbert, Brooklyn, NY, for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, BETSY BARROS, JJ.
DECISION & ORDER ON MOTION Appeal by the defendant from a judgment of the Supreme Court, Kings County (Evelyn Laporte, J.), rendered July 7, 2015, as amended July 14, 2015, convicting him of criminal contempt in the first degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 ), in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the motion of Harvey A. Herbert for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to the new counsel assigned herein; and it is further,
ORDERED that Joseph Z. Amsel, 43 West 43rd Street, Suite 265, New York, N.Y. 10036, is assigned as counsel to perfect the appeal; and it is further,
ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant's new assigned counsel; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated September 30, 2015, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers (including a certified transcript of the proceedings) and on the briefs of the parties. The parties are directed to file one original and five duplicate hard copies, and one digital copy, of their respective briefs and to serve one hard copy on each other (see 22 NYCRR 1250.9 [a][4], [c][1] ).
Upon our independent review of the record, we conclude there are nonfrivolous issues in this case, including, but not necessarily limited to, whether the purported waiver of the defendant's right to appeal was valid, which is relevant to the other issue of whether the Supreme Court properly denied the defendant's pretrial suppression motion (see People v. McCalla, 160 A.D.3d 662, 664, 74 N.Y.S.3d 307 ; People v. Carlos, 126 A.D.3d 911, 912–913, 2 N.Y.S.3d 910 ; People v. Frazier, 124 A.D.3d 909, 910, 998 N.Y.S.2d 902 ). Accordingly, assignment of new counsel is warranted (see People v. Stokes, 95 N.Y.2d 633, 638, 722 N.Y.S.2d 217, 744 N.E.2d 1153 ; Matter of Giovanni S. [Jasmin A.], 89 A.D.3d 252, 931 N.Y.S.2d 676 ).
MASTRO, J.P., ROMAN, MALTESE and BARROS, JJ., concur.