| People v Brown (Tashon) |
| 2019 NY Slip Op 50733(U) [63 Misc 3d 149(A)] |
| Decided on May 9, 2019 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
John P. Savoca, for appellant. Westchester County District Attorney, for respondent (no brief filed).
Appeal from a judgment of the City Court of Yonkers, Westchester County (Edward J. Gaffney, J.), rendered February 22, 2018. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree, and imposed sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), seeking leave to withdraw as counsel.
ORDERED that the appeal is held in abeyance, the application by assigned counsel for leave to withdraw as counsel is granted, and new counsel is assigned pursuant to article 18-B of the County Law to prosecute the appeal;
Steven A. Feldman, Esq.
626 Reckson Plaza
West Tower, 6th Floor
Uniondale, NY 11556
New counsel is directed to serve and file a brief within 90 days after the date of this decision and order. The People may serve and file a respondent's brief within 21 days after the service upon them of the appellant's brief. Appellant's new counsel, if so advised, may serve and file a reply brief within seven days after service of the respondent's brief. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel.
Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), setting forth his conclusion that there exist no nonfrivolous issues that could be raised on appeal. An independent review of the record, however, reveals that a nonfrivolous issue exists as to whether the felony complaint pursuant to which defendant was initially charged [*2]was properly converted to a misdemeanor information so as to effectuate the reduction of the felony charge (see CPL 180.50 [3] [a] [iii]). We therefore grant assigned counsel's motion to withdraw as counsel, and, in light of the risk inherent in the issue (see People v Spooner, 22 Misc 3d 136[A], 2008 NY Slip Op 52664[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2008]), we assign new counsel to ascertain whether defendant desires to raise the issue set forth above, and to prosecute the appeal on defendant's behalf with respect to this issue or any other issue that can be identified.