PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.

KA 13-01965
SCI No: 2013-3384

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANDRE J. PORTIS, DEFENDANT-APPELLANT.

An appeal having been taken to this Court from a judgment of the Monroe County Court rendered October 10, 2013, 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 attempted criminal possession of a forged instrument in the first degree (Penal Law §§ 110.00, 170.30), and was sentenced to an indeterminate term of imprisonment of two to four years. 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, upon a review of the record we conclude that nonfrivolous issues exist with respect to whether defendant's plea was knowing, voluntary and intelligent, whether the court providently exercised its discretion in denying defendant's requests to vacate his plea and for the appointment of new counsel, and whether defendant's waiver of the right to appeal was valid. Therefore, we relieve counsel of her 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: December 23, 2020

Mark W. Bennett

Clerk of the Court