PRESENT: SCUDDER, P.J., MARTOCHE, SCONIERS, GREEN, AND GORSKI, JJ.

KA 09-01288

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAIME PEREZ, DEFENDANT-APPELLANT. Indictment No: 5972

An appeal having been taken to this Court from a judgment of the Wyoming County Court rendered June 4, 2009, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Neal J. Mahoney, Esq., sworn to January 21, 2010, 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 a guilty plea of promoting prison contraband in the first degree (Penal Law § 205.25 [2]). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). However, upon our review of the record we conclude that there are nonfrivolous issues meriting this Court's consideration, specifically, whether County Court erred in denying defendant's motion to dismiss the indictment based on preindictment delay and the propriety of the court's ruling following the Huntley hearing. Therefore, we relieve counsel of his assignment and assign new counsel to brief these issues, as well as any other issues that counsel's review of the record may disclose.

Entered: June 11, 2010

Patricia L. Morgan, Clerk