Opinion
KA 17-00111
12-21-2018
The PEOPLE of the State of New York, Respondent, v. Jermaine HARRISON, Defendant-Appellant.
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 of, inter alia, assault in the second degree ( Penal Law § 120.05 [3 ] ) and was sentenced on that conviction, as a second felony offender, to a determinate term of imprisonment of three years and three years' 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 concerning the legality of defendant's sentence with respect to the period of postrelease supervision imposed (see Penal Law § 70.45 [2 ] ). Therefore, we relieve counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel's review of the record may disclose.