Opinion
October 5, 1990
Appeal from the Cattaraugus County Court, Kelly, J.
Present — Callahan, J.P., Doerr, Denman, Green and Balio, JJ.
Case held, decision reserved, motion to relieve counsel's assignment granted, and new counsel to be assigned. Memorandum: It is a denial of effective assistance for appellate counsel to submit a Crawford brief (see, People v. Crawford, 71 A.D.2d 38) when there are nonfrivolous issues (see, People v. Casiano, 67 N.Y.2d 906, 907). Our review of the record of defendant's trial reveals nonfrivolous issues with respect to the weight and sufficiency of the evidence and the propriety of the court's receipt of rebuttal testimony tending to establish defendant's commission of uncharged crimes. We therefore hold the case, reserve decision, and assign new counsel to submit a brief addressing those issues and any others that counsel's review of the record may disclose (see, People v. Harrison, 163 A.D.2d 872; People v. Charnock, 163 A.D.2d 872).