Opinion
12952.
November 26, 2003.
Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered April 5, 2001, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the fourth degree and criminal possession of a weapon in the third degree (three counts).
Paul L. Gruner, Public Defender, Kingston (Mari Ann Connolly Sennett of counsel), for appellant.
Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Mercure, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and three counts of criminal possession of a weapon in the third degree in full satisfaction of two indictments and various other pending charges. He was sentenced, in accordance with the plea agreement, to prison terms of 4 to 12 years on the controlled substance charge, three years on one of the weapons charges and 1 to 3 years on the other weapons charges, all to run concurrently.
Defense counsel seeks to be relieved of her assignment as counsel for defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Our review of the record and defendant's pro se brief, however, reveals the existence of issues that are "`arguable on their merits (and therefore not frivolous)'" (People v. Stokes, 95 N.Y.2d 633, 636, quoting Anders v. California, 386 U.S. 738, 744), including whether County Court erred in denying defendant's suppression motion. Accordingly, and without expressing any opinion as to the merits of the issues raised, counsel's application is granted. New counsel must be assigned, however, to address any issues that the record may disclose (see People v. Shaw, 301 A.D.2d 751, 751; People v. Van Sickle, 293 A.D.2d 880, 881).
Mercure, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.