Opinion
Motion No: KA 10-00808
11-14-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JUAN C. MEDINA, DEFENDANT-APPELLANT.
PRESENT: , SMITH, PERADOTTO, CARNI, AND SCONIERS, JJ. Indictment No: 09-719-08
An appeal having been taken to this Court from a judgment of the Jefferson County Court rendered March 15, 2010, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of James S. Hinman, Esq., dated May 23, 2014, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, and due deliberation having been had thereon,
It is hereby ORDERED that the case is held, decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned.
Memorandum: Defendant was convicted upon his Alford plea of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25 [2]). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). Our review of the record reveals a nonfrivolous issue concerning the voluntariness of defendant's plea (see People v Peque, 22 NY3d 168). We therefore 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.
Entered: November 14, 2014
Frances E. Cafarell, Clerk