People v Daugherty (2007 NY Slip Op 05328)

People v Daugherty

2007 NY Slip Op 05328 [41 AD3d 219]

Decided on June 14, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 14, 2007
Mazzarelli, J.P., Sullivan, Buckley, Sweeny, Catterson, JJ.

1350
Ind. 2417/05

[*1]The People of the State of New York, Respondent,

v

Timothy Daugherty, Defendant-Appellant.

Steven Banks, The Legal Aid Society, New York (Adrienne
Gantt of counsel), for appellant.

Appeal from judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 14, 2005, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him to a term of 1 year, held in abeyance pending receipt of a supplemental appellant's brief, the motion by assigned counsel to be relieved denied without prejudice to renewal, and assigned counsel is directed to serve a supplemental brief within 60 days of this Court's order.

Counsel submitted a brief pursuant to People v Saunders (52 AD2d 833 [1976]), which makes no mention of the summary denial of defendant's motion to suppress evidence. Accordingly, counsel is directed to investigate that issue and file a supplemental brief addressing whether the denial of the motion presents any
nonfrivolous issues that should be considered on appeal (see People v Diaz, 127 AD2d 511, 512 [1987]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 14, 2007

CLERK