From Casetext: Smarter Legal Research

People v. Graham

Appellate Division of the Supreme Court of the State of New York
Dec 23, 2020
189 A.D.3d 2172 (N.Y. App. Div. 2020)

Opinion

KA 17–01724

12-23-2020

The PEOPLE of the State of New York, Respondent, v. James GRAHAM, Defendant-appellant.


MEMORANDUM AND ORDER

The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. Memorandum: Defendant was convicted upon a guilty plea of manslaughter in the first degree ( Penal Law § 125.20 [1] ), and was sentenced to a determinate term of imprisonment of seventeen years and five years of postrelease supervision. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v. Crawford, 71 A.D.2d 38, 421 N.Y.S.2d 485 [4th Dept. 1979]. However, a nonfrivolous issue exists as to whether defendant's waiver of the right to appeal was valid. Therefore, we relieve counsel of her assignment and assign new counsel to brief this issue, as well as any other issues that counsel's review of the record may disclose. (Appeal from Judgment of Monroe County Court, Victoria M. Argento, J. - Manslaughter, 1st Degree).


Summaries of

People v. Graham

Appellate Division of the Supreme Court of the State of New York
Dec 23, 2020
189 A.D.3d 2172 (N.Y. App. Div. 2020)
Case details for

People v. Graham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES GRAHAM…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Dec 23, 2020

Citations

189 A.D.3d 2172 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 76516
2020 N.Y. Slip Op. 7994
134 N.Y.S.3d 918