| THE PEOPLE V JAMES GRAHAM |
| Motion No: KA 17-01724 |
| Slip Opinion No: 2020 NY Slip Op 76516(U) |
| Decided on December 23, 2020 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
KA 17-01724
Indictment No: 2016-0878B
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JAMES GRAHAM, DEFENDANT-APPELLANT. |
An appeal having been taken to this Court from a judgment of the Monroe County Court rendered July 20, 2017, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the case is held, the 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 manslaughter in the first degree (Penal Law § 125.20 [1]), and was sentenced to a determinate term of imprisonment of seventeen years and five years of postrelease supervision. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [4th Dept 1979]). However, a nonfrivolous issue exists as to whether defendant's waiver of the right to appeal was valid. Therefore, we 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: December 23, 2020
Mark W. Bennett
Clerk of the Court