People v. Gadsden, 1

• Decision Date: 14 July 1992
• Docket Number: No. 1,1
• Citation: 185 A.D.2d 713,587 N.Y.S.2d 243
• Parties: PEOPLE of the State of New York, Respondent, v. Charles E. GADSDEN, Appellant. (Appeal).
• Court: New York Supreme Court — Appellate Division

Page 243

587 N.Y.S.2d 243

185 A.D.2d 713

PEOPLE of the State of New York, Respondent, v. Charles E. GADSDEN, Appellant. (Appeal No. 1).

Supreme Court of New York, Appellate Division, Fourth Department.

July 14, 1992

Kevin Bradley, Canisteo, for appellant. John Tunney by Michael McCartney, Bath, for respondent.

Case held, decision reserved, motion to relieve counsel of his assignment granted and new counsel to be assigned. Memorandum: After the court denied, among other things, his suppression motion under one indictment, defendant entered guilty pleas to charges in three separate indictments and was sentenced to concurrent terms of 3 to 6 years. Defense counsel has identified two nonfrivolous issues for the purpose of appeal in an affirmation but has nonetheless moved to be relieved of his assignment on the ground that a reversal would not be in defendant's best interest. Counsel's application does not comport with this court's decision in People v. Crawford, 71 A.D.2d 38, 421 N.Y.S.2d 485. Moreover, we find that counsel has raised arguable issues in his affirmation, including whether suppression was properly denied and whether the court properly denied defendant's motion challenging the make-up of the jury venire. Consequently, we relieve counsel of his assignment and assign new counsel to brief those issues, as well as any other issues that counsel's review of the record may disclose (see, People v. Casiano, 67 N.Y.2d 906, 501 N.Y.S.2d 808, 492 N.E.2d 1224; People v. Lake, 172 A.D.2d 1051, 571 N.Y.S.2d 409; People v. Charnock, 163 A.D.2d 872, 559 N.Y.S.2d 216). (Appeal from Judgment of Steuben County Court, Scudder, J.--Criminal Possession Controlled Substance, 3rd Degree.)

BOOMER, J.P., and PINE, FALLON, DAVIS and DOERR, JJ., concur.