Opinion
April 17, 1989
Appeal from the County Court, Nassau County (Delin, J.).
Ordered that the motion is granted. Richard D. Longworth is relieved as attorney for the defendant, and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
Ordered that Perry S. Reich, 325 East Sunrise Highway, Lindenhurst, New York, 11757, is assigned as counsel to perfect the appeal; and it is further,
Ordered that the appeal is removed from the calendar, and the defendant's time to perfect the appeal is enlarged. The newly assigned counsel is directed to perfect this appeal as expeditiously as possible.
Based upon this court's independent review of the record, we conclude that there is at least one arguable issue which could be raised on appeal. This issue concerns the propriety of the admission of the codefendants' confessions implicating the defendant at their joint trial (see, Cruz v. New York, 481 U.S. 186). Accordingly, the motion of the defendant's assigned appellate counsel to be relieved is granted, and new appellate counsel is assigned (see, Penson v. Ohio, 488 US ___, 109 S Ct 346; People v. Casiano, 67 N.Y.2d 906; People v. Lynch, 139 A.D.2d 768). Thompson, J.P., Lawrence, Eiber and Spatt, JJ., concur.