Opinion
KA 15-02118 Indictment No: 14C-237
09-29-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DERRICK R. WILLIAMS, JR., DEFENDANT-APPELLANT.
PRESENT:
An appeal having been taken to this Court from a judgment of the Oswego County Court rendered November 19, 2015, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of Theodore W. Stenuf, Esq., dated June 17, 2017, 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 controlled substance in the fourth degree (Penal Law § 220.09 [1]). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). Upon our review of the record, we conclude that there is a nonfrivolous issue as to whether defendant's plea was knowing, voluntary and intelligent (see People v Cornell, 16 NY3d 801, 802). Therefore, we 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: September 29, 2017
MARK W. BENNETT, Clerk