Opinion
June 25, 1987
Appeal from the Supreme Court, New York County (Luis M. Neco, J.).
Assigned counsel, in his Anders-Saunders brief (Anders v California, 386 U.S. 738; People v Saunders, 52 A.D.2d 833) filed in support of his motion to withdraw, gives a procedural statement of the case and an outline of the evidence presented at trial, without any reference to objections raised by the defense or ruled upon by the court. He then states in one conclusory sentence that there are no legal issues for appeal. This is the total discussion and analysis of the issues presented by the 352-page trial transcript.
Counsel, upon such a motion, must set forth the possible issues which are present and indicate why he or she considers them to be without merit. All matters in the record which might arguably support the appeal should be referred to and discussed. There must be a "conscientious examination of the record and the law" (People v Gonzalez, 47 N.Y.2d 606, 611).
Defendant's pro se supplemental brief, raising possible issues, cannot substitute for the "single-minded advocacy of appellate counsel" (People v Casiano, 67 N.Y.2d 906, 907) and we, therefore, direct the assignment of new counsel to pursue this appeal on behalf of defendant.
Concur — Carro, J.P., Asch, Rosenberger, Ellerin and Wallach, JJ.