Opinion
106613.
10-29-2015
The PEOPLE of the State of New York, Respondent, v. Hughes METAYEO, Appellant.
Jo M. Katz, Troy, for appellant. Joel E. Abelove, District Attorney, Troy (Vincent J. O'Neill of counsel), for respondent.
Jo M. Katz, Troy, for appellant.
Joel E. Abelove, District Attorney, Troy (Vincent J. O'Neill of counsel), for respondent.
Opinion Appeal from a judgment of the Supreme Court (McGrath, J.), rendered January 17, 2014 in Rensselaer County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and his plea included a waiver of the right to appeal. He was sentenced as a second violent felony offender, in accordance with the plea agreement, to a prison term of seven years, followed by five years of postrelease supervision. Defendant appeals.
Appellate counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and counsel's brief, we disagree. Our review of the record reveals an issue of arguable merit as to whether defendant validly waived his right to appeal that may, in turn, implicate other potential appellate issues (see People v. Rabideau, 130 A.D.3d 1094, 1094–1095, 12 N.Y.S.3d 386 [2015] ; People v. Phipps, 127 A.D.3d 1500, 1501, 7 N.Y.S.3d 697 [2015], lv. denied 26 N.Y.3d 970, 18 N.Y.S.3d 607, 40 N.E.3d 585 [2015] ; People v. Anderson, 120 A.D.3d 1490, 1491, 992 N.Y.S.2d 447 [2014] ). We thus grant counsel's request for leave to withdraw and assign new counsel to address that issue and any others that the record may disclose (see People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001] ; People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985], lv. denied 67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ).
ORDERED that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.
GARRY, J.P., EGAN JR., LYNCH and DEVINE, JJ., concur.