Opinion
September 27, 1988
Appeal from the Ontario County Court, Reed, J.
Present — Callahan, J.P., Doerr, Green, Pine and Davis, JJ.
Case held, decision reserved, motion to relieve counsel's assignment granted and new counsel to be assigned. Memorandum: We reject appellate counsel's conclusion that there are no nonfrivolous issues in this record (see, People v Crawford, 71 A.D.2d 38). There is a lengthy record, including a pretrial Huntley hearing and a 307-page record of a jury trial. Appellant's counsel notes a number of potential issues in his brief, but summarily dismisses each one as being frivolous (cf., People v Vasquez, 70 N.Y.2d 1, rearg denied 70 N.Y.2d 748). Upon our review of the record, we find several nonfrivolous issues which are deserving of more extensive legal analysis. Those include the propriety of the court's ruling following the Huntley hearing, the sufficiency of the evidence at trial and whether the verdict was legally repugnant or inconsistent. Since we find nonfrivolous issues, we will assign new counsel to submit a full brief before considering the appeal (see, People v Gaines, 122 A.D.2d 565).