Opinion
January 30, 2001.
On appeal from judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered May 14, 1997, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree and sentencing him, as a second felony offender, to a term of 1 to 3 1/2; years, the application by assigned counsel to withdraw on the ground that the appeal is wholly frivolous (People v. Saunders, 52 A.D.2d 833) is granted to the extent of relieving counsel without compensation, assigning Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, New York 10006, as new counsel, and enlarging the time to re-perfect the appeal to the September 2001 Term of this Court.
Howard Simmons for defendant-appellant.
Before: Williams, J.P., Mazzarelli, Lerner, Rubin, Buckley, JJ.
While we express no opinion with respect to the merits, or lack thereof, of any possible issue, counsel's submission is inadequate to demonstrate that a conscientious examination of the record and the applicable law has been performed (see, People v. Reyes, 231 A.D.2d 478;People v. Santiago, 188 A.D.2d 290). Counsel has failed to give a recitation of the underlying facts as they were developed at the suppression hearing and failed to make reference to the speedy trial motions. Since our own review cannot substitute for the single-minded advocacy of appellate counsel (People v. Casiano, 67 N.Y.2d 906), assignment of new appellate counsel is required (see, People v. Moore, 208 A.D.2d 357; People v. Daniels, 197 A.D.2d 486).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.