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

KA 19-00086
Indictment No: 17-92A

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KNOWLEDGE COUSER, DEFENDANT-APPELLANT.

An appeal having been taken to this Court from a judgment of the Wayne County Court rendered October 18, 2018, 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 appeals from a judgment convicting him of murder in the second degree (Penal Law § 125.25 [1]) and sentencing him to an indeterminate term of imprisonment of 20 years to life. 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 as to whether defendant actually entered a guilty plea (cf. People v Keitz, 99 AD3d 1254, 1255 [4th Dept 2012], lv denied 20 NY3d 1012 [2013], cert denied 571 US 993 [2013]), whether the court erred in failing, sua sponte, to conduct a competency hearing pursuant to CPL 730.30 (2), and whether defendant's waiver of the right to appeal was valid. Therefore, we relieve counsel of his 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: April 30, 2021

Mark W. Bennett

Clerk of the Court