Opinion
Decided January 12, 1989
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alexander Chananau, J.
Stewart E. Sterk for appellant.
Paul T. Gentile, District Attorney (Billie Manning and Peter D. Coddington of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed and case remitted to the Appellate Division, First Department, for a de novo consideration of the defendant's appeal. That court erred in failing to assign new counsel after determining that the appeal presented a nonfrivolous issue (see, People v Casiano, 67 N.Y.2d 906, 907).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.