Appeal from a judgment of the Justice Court of the Village of Irvington, Westchester County (Lawrence H. Ecker, J.), rendered October 11, 2006. The judgment convicted defendant, upon his plea of guilty, of forgery in the third degree.

Appeal held in abeyance, motion by assigned counsel for leave to withdraw as counsel granted, and new counsel assigned pursuant to article 18-b of the County Law to prosecute the appeal. New counsel is directed to file a brief within 90 days after the date of the order entered hereon and the People shall serve and file their brief within two weeks thereafter. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel.

Assigned counsel submitted an Anders brief setting forth his conclusion that there exist no nonfrivolous issues that could be raised on appeal (Anders v California, 386 US 738 [1967]). However, a review of the record reveals an appealable issue as to whether the felony complaint was properly reduced pursuant to CPL 180.50 (People v Stinson, 18 Misc 3d 128[A], 2007 NY Slip Op 52433[U] [App Term, 9th & 10th Jud Dists 2007]; People v Grune, 175 Misc 2d 281 [App Term, 9th & 10th Jud Dists 1997]). We therefore grant assigned counsel's motion to withdraw as counsel and assign new counsel to ascertain whether defendant wishes to continue to prosecute the appeal, and, if he so desires, to prosecute the appeal on his behalf.

McCabe, J.P., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: April 21, 2008