PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND WHALEN, JJ.

KA 13-02071

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENNETH H. FORD, DEFENDANT-APPELLANT. NYSID#4300121L

An appeal having been taken to this Court from an order of the Wayne County Court entered October 8, 2013, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affirmation of David M. Parks, Esq., filed July 15, 2014, 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 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 he states that there are no meritorious issues for appeal. Upon our review of the record, we conclude that nonfrivolous issues exist concerning the determination of defendant's risk level classification, with regard to both the assessment of the risk factor points challenged by defendant, and the application of an automatic override for a prior felony conviction of a sex crime (see People v Moore, 115 AD3d 1360, 1360-1361). We therefore 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: September 26, 2014

Frances E. Cafarell, Clerk