People v. Cobbs
| Decision Date | 26 October 2000 |
| Citation | 276 A.D.2d 917,716 N.Y.S.2d 609 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>BRIAN COBBS, Also Known as BRIAN COBB, Appellant. |
| Court | New York Supreme Court — Appellate Division |
In satisfaction of an 11-count indictment, defendant pleaded guilty to the crime of burglary in the first degree, waived his right to appeal and was sentenced in accordance with the negotiated plea agreement to a determinate prison term of 10 years. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that no nonfrivolous issue can be raised on appeal. Upon our review of the record, we disagree. Given defendant's statements at sentencing regarding his legal representation, his protestation of innocence and his request for leniency regarding the agreed-upon sentence, we find that the record reveals potential issues that defendant should be permitted to argue on appeal. Accordingly, defense counsel's application to be relieved from his assignment is granted and new counsel will be assigned to address any issues that the record may disclose (see, People v Cruwys, 113 AD2d 979, lv denied 67 NY2d 650).
Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.
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People v. Adams
...of various potential nonfrivolous issues of "arguable merit" (People v Cruwys, 113 A.D.2d 979, 980, lv denied 67 N.Y.2d 650; see, People v Cobbs, 276 A.D.2d 917), including whether defendant's plea was voluntary, whether he received effective assistance of counsel and whether County Court p......
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