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

KA 14-00228

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONALD E. MEAD, JR., ALSO KNOWN AS DONALD MEAD, JR., ALSO KNOWN AS DONALD MEAD, DEFENDANT-APPELLANT. Indictment No: 5577

An appeal having been taken to this Court from a judgment of the Genesee County Court rendered December 4, 2013, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affirmation of Bridget L. Field, Esq., dated July 23, 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 was convicted upon his Alford plea of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). Our review of the record reveals a nonfrivolous issue regarding the validity of defendant's plea, i.e., whether there was sufficient evidence of guilt in the record to support the Alford plea (see People v Richardson, 72 AD3d 1578, 1579-1580; People v Oberdorf, 5 AD3d 1000, 1001). We therefore 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: September 26, 2014

Frances E. Cafarell, Clerk