| People v Williams |
| 2017 NY Slip Op 06878 [153 AD3d 1678] |
| September 29, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Derrick R. Williams, Jr., Appellant. |
—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 his guilty plea of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). Upon our review of the record, we conclude that there is a nonfrivolous issue as to whether defendant's plea was knowing, voluntary and intelligent (see People v Cornell, 16 NY3d 801, 802 [2011]). 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 a Judgment of the Oswego County Court, Spencer J. Ludington, J.—Criminal Possession of a Controlled Substance, 4th Degree). Present—Whalen, P.J., Centra, DeJoseph, NeMoyer and Winslow, JJ.