Opinion
10132 Ind. 4498/15
10-17-2019
The PEOPLE of the State of New York, Respondent, v. Armando HERNANDEZ, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Janet E. Sabel, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Manzanet–Daniels, J.P., Gische, Webber, Moulton, JJ.
Assigned counsel's brief does not analyze all the legal issues presented on the face of the record. While we express no opinion with respect to the merit, or lack thereof, of any possible issue, we find that there may be issues regarding the specific crime to which defendant pleaded guilty (see e. g. People v. Campbell , 72 N.Y.2d 602, 605–607, 535 N.Y.S.2d 580, 532 N.E.2d 86 [1988] ; People v. Lopez , 45 A.D.3d 493, 494, 846 N.Y.S.2d 164 [1st Dept. 2007] ) that would not be "wholly frivolous" under the Saunders standard. "Since our own review cannot substitute for the single-minded advocacy of appellate counsel, a new assignment of counsel and reconsideration of the appeal is required" ( People v. Bueno , 104 A.D.3d 519, 520, 960 N.Y.S.2d 429 [1st Dept. 2013] ).