| People v Ivey |
| 2011 NY Slip Op 03517 [83 AD3d 1605] |
| April 29, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 8, 2011 |
| The People of the State of New York, Respondent, v Tony L. Ivey,
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 assault in the second degree and was sentenced to
a determinate term of imprisonment of four years and 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 that can be raised on appeal. The record reflects
that defendant moved prior to sentencing to withdraw his plea, claiming, inter alia, that the plea
was coerced. We conclude that a nonfrivolous issue exists as to whether the court erred in
denying defendant's motion without conducting a hearing. 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 Monroe County Court, John J.
Connell, J.—Assault, 2nd Degree). Present—Scudder, P.J., Centra, Carni, Sconiers
and Green, JJ.