Opinion
December 18, 1987
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Dillon, P.J., Boomer, Balio, Lawton and Davis, JJ.
Case held, decision reserved, motion to relieve counsel from assignment granted, and new counsel to be assigned. Memorandum: On review of the record, we find at least one possible nonfrivolous issue concerning defendant's conviction of assault in the first degree (Penal Law § 120.10). Particularly, we question whether the record contains sufficient proof of serious physical injury (see, Penal Law § 10.00). New counsel will be assigned to submit full briefs before we consider the appeal (see, People v Gaines, 122 A.D.2d 565).