| People v Primm |
| 2007 NY Slip Op 08736 [45 AD3d 1425] |
| November 9, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 16, 2008 |
| The People of the State of New York, Respondent, v Xavier Primm,
Appellant. |
—[*1]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 burglary in the second degree (Penal
Law §§ 110.00, 140.25 [2]). He was sentenced to a determinate term of
incarceration of three years together with five years postrelease supervision. Defendant's assigned
appellate counsel has moved to be relieved of the assignment pursuant to People v
Crawford (71 AD2d 38 [1979]), and has submitted an affirmation in which he concludes that
there are no nonfrivolous issues meriting this Court's consideration. The record establishes that
the trial court failed to advise the defendant of the postrelease supervision component of his
sentence during the plea allocution. This fact raises the issue of whether defendant's plea was
knowing, voluntary and intelligent (see
People v Louree, 8 NY3d 541 [2007]). Therefore, we 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. (Appeal from Judgment of Supreme Court, Erie County, Ronald H. Tills,
A.J.—Attempted Burglary, 2nd Degree). Present—Scudder, P.J., Gorski, Centra,
Fahey and Green, JJ.