Opinion
Motion No. KA 18-01860 Indictment No. I17-090
11-17-2023
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DOMINICK MOORE, DEFENDANT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, GREENWOOD, AND NOWAK, JJ.
An appeal having been taken to this Court from a judgment of the Oneida County Court, rendered November 9, 2017, and counsel having moved to be relieved of assignment, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion to relieve counsel of assignment is granted and new counsel is to be assigned.
Memorandum: Defendant was convicted upon a guilty plea of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and was sentenced to a determinate term of imprisonment of five years and five years of postrelease supervision. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 A.D.2d 38 [4th Dept 1979]). However, a nonfrivolous issue exists as to whether defendant's waiver of the right to appeal was valid. Therefore, we 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.