Opinion
2014-02-27
The PEOPLE of the State of New York, Respondent, v. Michael D. SLAVIN, Appellant.
Dean C. Schneller, Plattsburgh, for appellant. Nicole M. Duve, District Attorney, Canton (Alexander Lesyk of counsel), for respondent.
Dean C. Schneller, Plattsburgh, for appellant. Nicole M. Duve, District Attorney, Canton (Alexander Lesyk of counsel), for respondent.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered December 9, 2011, convicting defendant upon his plea of guilty of the crime of criminal possession of a forged instrument in the second degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to criminal possession of a forged instrument in the second degree and purportedly waived his right to appeal. County Court thereafter imposed the agreed-upon prison term of 2 to 4 years, to be served as a sentence of parole supervision pursuant to CPL 410.91. Defendant now appeals.
Defense counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised upon appeal. Upon our review of the record and counsel's brief, we disagree. At least one issue of arguable merit exists regarding the validity and extent of defendant's appeal waiver which, in turn, may affect other potential issues to be raised ( see People v. Whitted, 106 A.D.3d 1286, 1287, 964 N.Y.S.2d 914 [2013];People v. Haney, 106 A.D.3d 1281, 1281, 964 N.Y.S.2d 914 [2013] ). Counsel's request for leave to withdraw is thus granted, and new counsel will be assigned to address that issue and any others that may be discerned from the record ( see People v. Stokes, 95 N.Y.2d 633, 722 N.Y.S.2d 217, 744 N.E.2d 1153 [2001];People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985],lv. denied67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ).
ORDERED that the decision is withheld, application to be relieved of assignmentgranted and new counsel to be assigned. PETERS, P.J., STEIN, GARRY and ROSE, JJ., concur.