Opinion
KA 13-01991 SCI No: 2012-348W
07-02-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN E. SABINS, DEFENDANT-APPELLANT.
PRESENT:
An appeal having been taken to this Court from a judgment of the Steuben County Court rendered June 25, 2013, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of Raymond P. Kot II, Esq., dated March 17, 2015, 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 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 AD2d 38). 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 AD3d 1360, 1361). 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: July 2, 2015
Frances E. Cafarell, Clerk