Opinion
2013-2511 N CR
12-31-2015
The People of the State of New York, Respondent, v. James Tomassi, Appellant.
PRESENT: :
Appeal from a judgment of the District Court of Nassau County, First District (Sharon M. J. Gianelli, J.), rendered November 18, 2013. The judgment convicted defendant, after a nonjury trial, of criminal contempt in the second degree. Assigned counsel has submitted an Anders brief (386 US 738 [1967]), in which he seeks leave to withdraw as counsel.
ORDERED that the appeal is held in abeyance, the application by assigned counsel for leave to withdraw as counsel is granted, and new counsel is assigned pursuant to article 18-B of the County Law to prosecute the appeal. New counsel is directed to serve and file a brief within 90 days after the date of this decision and order. The People may serve and file a respondent's brief within 21 days after the service upon them of the appellant's brief. Appellant's new counsel, if so advised, may serve and file a reply brief within seven days after service of the respondent's brief. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel.
Assigned counsel submitted a brief in accordance with Anders v California (386 US 738 [1967]), setting forth his conclusion that there exist no nonfrivolous issues that could be raised on appeal. An independent review of the record, however, reveals that a nonfrivolous issue exists at least as to whether the verdict of guilt was against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]; People v Ramirez, 27 Misc 3d 134[A], 2010 NY Slip Op 50745[U] [App Term, 9th & 10th Jud Dists 2010]). Accordingly, assignment of new counsel is warranted (see People v Stokes, 95 NY2d 633, 637 [2001]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 258-260 [2011]).
Marano, P.J., Garguilo and Connolly, JJ., concur.
Decision Date: December 31, 2015