Opinion
December 20, 1988
Appeal from the Supreme Court, New York County, George Roberts, J., Herbert Altman, J.
Assigned counsel has filed a brief pursuant to Anders v California ( 386 U.S. 738) and People v Saunders ( 52 A.D.2d 833), stating that there are no nonfrivolous issues presented for review and requesting permission to withdraw.
However, the record reveals that defendant moved to withdraw his plea of guilty on the ground that the original plea was conditioned on there not being a suppression issue, but that, in fact, a significant search and seizure issue exists. While the motion was denied in a written opinion by Justice Herbert Altman prior to the time of sentence, the brief submitted by assigned counsel fails to make any mention of such motion.
Accordingly, counsel's Anders/Saunders brief is deficient. Counsel is directed to investigate this possible appellate issue and file a supplemental brief addressing the matter and determining whether it presents any nonfrivolous issues that should be considered on appeal.
Concur — Kupferman, J.P., Sullivan, Milonas and Ellerin, JJ.