Opinion
07-02-2015
The PEOPLE of the State of New York, Respondent, v. John E. SABINS, Defendant–Appellant.
Opinion
MEMORANDUM:
Defendant was convicted upon his guilty plea of criminal possession of a forged instrument in the second degree (Penal Law § 170.25 ). 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. We conclude that there is a nonfrivolous issue as to whether defendant's plea was knowing, voluntary and intelligent, concerning whether defendant was advised of the direct consequences of his plea (see generally People v. Jones, 118 A.D.3d 1360, 1361, 988 N.Y.S.2d 316 ). 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.
The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. (Appeal from a Judgment of the Steuben County Court, Joseph W. Latham, J.—Criminal Possession of a Forged Instrument, 2nd Degree).SCUDDER, P.J., CARNI, LINDLEY, VALENTINO, and WHALEN, JJ., concur.