Opinion
2007-1244 OR CR.
Decided April 21, 2010.
Appeal from a judgment of the City Court of Middletown, Orange County (Michael Schwartz, J.), rendered July 18, 2007. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree. Assigned counsel has submitted a brief in accordance with Anders v California ( 386 US 738), in which she moves to be relieved of the assignment to prosecute this appeal.
ORDERED that the motion is granted, Jeanne E. Mettler, Esq., is relieved as attorney for defendant, and she is directed to turn over all papers in her possession to new counsel assigned herein; and it is further,
ORDERED that Stanley Wayne, Esq., is assigned as counsel to perfect the appeal; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of defendant within 90 days of the date of this decision and the order entered hereon, and the People shall serve and file their brief within 21 days after the service upon them of the appellant's brief, and the appeal is held in abeyance in the interim.
PRESENT: NICOLAI, P.J., TANENBAUM and LaCAVA, JJ.
Upon this court's independent review of the record, we conclude that a nonfrivolous issue exists at least as to whether the verdict was against the weight of the evidence. Accordingly, assignment of new counsel is warranted ( see People v Harvey, 252 AD2d 506 [2d Dept 1998]).
Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.