Opinion
Decided January 29, 1998
Appeal from the County Court of Fulton County (Jung, J.).
After a trial, defendant was convicted of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree, resisting arrest and driving while ability impaired. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there is no merit to defendant's appeal. Based upon our review of the record and defendant's pro se submissions, including his challenge to the crime of resisting arrest and his claim of ineffective assistance of counsel, we cannot say that an appeal would be "wholly frivolous" (People v. Saunders, 52 A.D.2d 833, 834; see, Anders v. California, 386 U.S. 738; People v. Cruwys, 113 A.D.2d 979, 980, lv denied 67 N.Y.2d 650). Consequently, defense counsel is relieved of his assignment and new counsel will be assigned to address any and all appealable issues contained in the record (see, People v. Moore, 239 A.D.2d 708; People v. Cruwys, supra).
Cardona, P.J., Mercure, White and Peters, JJ., concur.
Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.
[As amended by unpublished order entered Mar. 19, 1998.]