Opinion
November 16, 1990
Appeal from the Supreme Court, Erie County, Morton, J.
Present — Dillon, P.J., Doerr, Green, Pine and Davis, JJ.
Case held, decision reserved, motion to relieve counsel's assignment granted, and new counsel to be assigned. Memorandum: Defendant appeals from a judgment convicting him of criminal possession of stolen property in the second degree, following a four-day jury trial at which six witnesses testified. Defendant's attorney has moved to be relieved as assigned counsel pursuant to People v. Crawford ( 71 A.D.2d 38) on the ground that no nonfrivolous issues exist on the appeal. Defendant, in his supplemental pro se brief, contends that the evidence is legally insufficient to support his conviction and has raised other issues. Since there are at least two nonfrivolous issues with respect to the legal sufficiency and weight of the evidence to support defendant's conviction, we hold the case, reserve decision, and assign new counsel to submit a brief addressing those issues and any others that counsel's review of the record may disclose (see, People v. Charnock, 163 A.D.2d 872; People v. Harrison, 163 A.D.2d 872; People v. Fuhrer, 143 A.D.2d 537; People v. Gaines, 122 A.D.2d 565).