Opinion
KA 17-01118 Indictment No: 2016-0501A
06-11-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY T. SMITH, DEFENDANT-APPELLANT.
PRESENT:
An appeal having been taken to this Court from a judgment of the Monroe County Court rendered January 24, 2017, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that 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 robbery in the second degree (Penal Law §§ 110.00, 160.10 [1]) and was sentenced to a determinate term of imprisonment of three years and five years of postrelease supervision. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [4th Dept 1979]). However, a nonfrivolous issue exists as to whether defendant's waiver of the right to appeal was valid. 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.
Entered: June 11, 2021
Mark W. Bennett
Clerk of the Court