Opinion
2006-1834 W CR.
Decided on December 21, 2007.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Michael A. Martinelli, J.), rendered September 27, 2006. The judgment adjudicated defendant a youthful offender, upon a plea of guilty to petit larceny.
Appeal held in abeyance, motion by assigned counsel for leave to withdraw as counsel granted and new counsel assigned pursuant to article 18-b of the County Law to prosecute the appeal. New counsel is directed to file a brief within 90 days after the date of the order entered hereon and the People shall serve and file their brief within two weeks thereafter. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
Assigned counsel has submitted an Anders brief setting forth his conclusion that there exist no nonfrivolous issues that could be raised on appeal ( Anders v California, 386 US 738). However, a review of the record reveals an appealable issue as to whether the felony complaint was properly reduced pursuant to CPL 180.50 ( People v Grune, 175 Misc 2d 281; see People v Jones, 151 Misc 2d 582 [App Term, 2d 11th Jud Dists 1991]; People v Minor, 144 Misc 2d 846). We therefore grant assigned counsel's motion to withdraw as counsel and assign new counsel to ascertain whether defendant wishes to continue to prosecute the appeal, and, if she so desires, to prosecute the appeal on her behalf.
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.