PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND LUNN, JJ.

KA 07-00810
Indictment No: 694-02

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V NORMAN SHAMPINE, DEFENDANT-APPELLANT.

An appeal having been taken to this Court from an order of the County Court entered in the Office of the Clerk of the County of Jefferson on March 22, 2007, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Kathleen P. Reardon, Esq., sworn to March 10, 2008, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, the pro se supplemental brief filed by appellant, the affidavit of Patricia L. Dziuba, Esq., sworn to April 17, 2008, 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 appeals from an order determining that he is a level three risk pursuant to the Sex Offender Registration Act (Correction Law § 168 et seq.). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38), and has submitted an affidavit in which she concludes that there are no nonfrivolous issues meriting this Court's consideration. Upon a review of the record, we conclude that a nonfrivolous issue exists as to whether County Court erred in denying defendant's request for a downward departure from his presumptive risk level. Therefore, we relieve counsel of her 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: October 3, 2008

JoAnn M. Wahl, Clerk