Opinion
2019-01142 Ind. 799/18
10-20-2021
The People, etc., respondent, v. Mark Washington, also known as Marc Washington, appellant.
Charles E. Holster III, Garden City, NY, for appellant. Joyce A. Smith, Acting District Attorney, Mineola, NY (Tammy J. Smiley and Matthew C. Frankel of counsel), for respondent.
Submitted - September 28, 2021.
Charles E. Holster III, Garden City, NY, for appellant.
Joyce A. Smith, Acting District Attorney, Mineola, NY (Tammy J. Smiley and Matthew C. Frankel of counsel), for respondent.
MARK C. DILLON, J.P. LINDA CHRISTOPHER PAUL WOOTEN DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Helene F. Gugerty, J.), rendered January 11, 2019, convicting him of burglary in the third 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), in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the motion of Charles E. Holster III for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further, ORDERED that Jan Murphy, P.O. Box 692, Uniondale, NY 11553, is assigned as counsel to prosecute 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 April 24, 2019, 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 upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other (see 22 NYCRR 670.9[a]).
Upon this Court's independent review of the record, we conclude that nonfrivolous issues exist in this case, including, but not necessarily limited to, whether the sentence imposed was excessive (see People v Malgarinos, 194 A.D.3d 845, 846; see generally People v Suitte, 90 A.D.2d 80). Accordingly, under the circumstances, we must assign new counsel to represent the defendant.
DILLON, J., P, CHRISTOPHER, WOOTEN and DOWLING, JJ., concur.