PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, DELCONTE, AND HANNAH, JJ.

KA 23-01511
Indictment No: 70043-23/001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARRYL BRADSHAW, DEFENDANT-APPELLANT.

An appeal having been taken to this Court from a judgment of the Cayuga County Court, rendered August 31, 2023, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion to relieve counsel of assignment is granted and new counsel is to be assigned.

Memorandum: Defendant appeals from a judgment convicting him of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]) and sentencing him to an indeterminate term of imprisonment of two to four years. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [4th Dept 1979]). Upon a review of the record we conclude that a nonfrivolous issue exists as to whether the court abused its discretion in denying defense counsel's request for an examination of defendant pursuant to CPL 730.30. 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.

Entered: December 20, 2024

Ann Dillon Flynn

Clerk of the Court