PRESENT: SCUDDER, P.J., SMITH, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

KA 14-00408

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT HAIGLER, DEFENDANT-APPELLANT. Indictment No: 6890

An appeal having been taken to this Court from a judgment of the Wyoming County Court rendered September 5, 2013, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Gregory A. Kilburn, Esq., sworn to January 5, 2015, the amended notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, and the affidavit of Robert Haigler, sworn to February 2, 2015, 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 guilty plea of promoting prison contraband in the second degree (Penal Law § 205.20 [2]). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). We conclude that there is a nonfrivolous issue concerning whether the record contained sufficient evidence of guilt to support an Alford plea. We therefore relieve counsel of his 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: May 1, 2015

Frances E. Cafarell, Clerk