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

KA 14-01666
Indictment No: 14C-025

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRANDON A. BURNHAM, DEFENDANT-APPELLANT.

An appeal having been taken to this Court from a judgment of the Oswego County Court rendered January 24, 2014, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Salvatore F. Lanza, Esq., sworn to April 21, 2015, 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 guilty plea of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [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 as to whether County Court erred in failing, sua sponte, to conduct a competency hearing pursuant to CPL 730.30 (2). 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: November 13, 2015

Frances E. Cafarell, Clerk