| People v Moss |
| 2011 NY Slip Op 03518 [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 Nathaniel
Moss, 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 failing to register a change of address as a sex
offender (Correction Law § 168-f [4]), and was sentenced to a definite sentence of
imprisonment of one year. Defendant's assigned appellate counsel has moved to be relieved of
the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). However, upon our
review of the record we conclude that a nonfrivolous issue exists as to whether Supreme Court
improperly imposed an enhanced sentence without affording defendant an opportunity to
withdraw his plea. 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, John L. Michalski, A.J.—Failure
to Register as Sex Offender). Present—Scudder, P.J., Centra, Carni, Sconiers and Green,
JJ.