Opinion
2011-09-30
The PEOPLE of the State of New York, Respondent,v.Isaiah McCOY, Defendant–Appellant.
MEMORANDUM:
Defendant was convicted upon a guilty plea of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. 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 on the ground that the appeal is wholly frivolous. We conclude, however, that a nonfrivolous issue exists as to whether the forfeiture of defendant's property was improper ( see People v. Jacobson, 60 A.D.3d 1326, 876 N.Y.S.2d 259 lv. denied 12 N.Y.3d 916, 884 N.Y.S.2d 697, 912 N.E.2d 1078; People v. Sanders, 289 A.D.2d 1019, 735 N.Y.S.2d 302). Therefore, we relieve counsel of his assignment and assign new counsel to brief this issue, as well as any *507 other issues that counsel's review of the record may disclose. (Appeal from Judgment of Ontario County Court, Frederick G. Reed, A.J.—Criminal Sale of a Controlled Substance, 3rd Degree).
The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned.
SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, and MARTOCHE, JJ., concur.