Opinion
No. 110299
07-14-2022
The People of the State of New York, Respondent, v. Frank Chrysler, Appellant.
Jeffrey L. Zimring, Albany, for appellant. P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Calendar Date:June 17, 2022
Jeffrey L. Zimring, Albany, for appellant.
P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Ceresia, Fisher and McShan, JJ.
Appeal from a judgment of the Supreme Court (McDonough, J.), rendered January 12, 2018 in Albany County, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree as a hate crime.
In satisfaction of a multi-count indictment, defendant pleaded guilty to grand larceny in the third degree as a hate crime and agreed to waive his right to appeal. Supreme Court sentenced defendant, as a second felony offender, in accordance with the plea agreement to a prison term of 6 to 12 years and, among other things, imposed restitution. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Upon our review of the record and defense counsel's brief, we perceive at least one issue of arguable merit pertaining to the validity of the waiver of the right to appeal that may potentially impact other issues to be raised (see People v Griffen, 200 A.D.3d 1195, 1195-1196 [2021], lv denied 37 N.Y.3d 1161 [2022]; People v Morehouse, 173 A.D.3d 1458, 1459 [2019]). Accordingly, without passing judgment on the ultimate merit of that issue or any others, we grant counsel's application for leave to withdraw and assign new counsel to address this issue and any others that the record may disclose (see People v Beaty, 22 N.Y.3d 490, 492-493 [2014]; People v Stokes, 95 N.Y.2d 633, 638-639 [2001]; see generally People v Cruwys, 113 A.D.2d 979, 980 [1985], lv denied 67 N.Y.2d 650 [1986]).
Garry, P.J., Egan Jr., Ceresia, Fisher and McShan, JJ., concur.
ORDERED that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.