Opinion
September 30, 1994
Appeal from the Genesee County Court, Morton, J.
Present — Denman, P.J., Pine, Lawton, Wesley and Davis, JJ.
Case held, decision reserved, motion to relieve counsel of assignment granted and new counsel to be assigned. Memorandum: Defendant was convicted following a jury trial of criminal possession of stolen property in the third degree and sentenced to 10 months' imprisonment. Assigned appellate counsel has moved to be relieved of his assignment pursuant to People v. Crawford ( 71 A.D.2d 38) on the ground that any appeal would be frivolous. The brief that accompanies counsel's motion does not contain a statement of facts or references to the record. Moreover, it fails to discuss whether defendant's conviction is based on legally insufficient evidence or is against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Counsel's brief, therefore, fails to comply with our decision in People v Crawford (supra; see, People v. Lake, 172 A.D.2d 1051). Consequently, we relieve counsel of his assignment and assign new counsel.