Opinion
2018-06753 2018-06754 Ind. Nos. 923/16, 2012/17
03-18-2020
The PEOPLE, etc., Respondent, v. Jahmeek BEYJONES, Appellant.
Dennis B. Coppin, Bayside, NY, for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Eleanor Reilly on the brief), for respondent.
Dennis B. Coppin, Bayside, NY, for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Eleanor Reilly on the brief), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION ORDERED that the motion of Dennis B. Coppin for leave to withdraw as counsel for the appellant is granted, and he is directed to turn over all papers in his possession to the appellant's new counsel assigned herein; and it is further,
ORDERED that Janet E. Sabel, The Legal Aid Society, 199 Water Street—5th Floor, New York, New York 10038, 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 August 17, 2018, the appellant was granted leave to prosecute the appeals as a poor person, with the appeals 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 that nonfrivolous issues exist, including, but not necessarily limited to, whether the purported waivers of the defendant's right to appeal were valid (see People v. Thomas , 34 N.Y.3d 545, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545, 2019 WL 6312521 [2019] ; People v. Bradshaw , 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Batista , 167 A.D.3d 69, 73, 86 N.Y.S.3d 492 ), and whether the sentences imposed were excessive (see generally People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ). 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 ).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.