PEOPLE v. SOSA (2024)

The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [7]) and sentencing him to a determinate term of imprisonment of five years. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v. Crawford, 71 A.D.2d 38, 421 N.Y.S.2d 485 (4th Dept. 1979). Upon a review of the record we conclude that a nonfrivolous issue exists as to whether defendant entered a guilty plea (cf. People v. Keitz, 99 A.D.3d 1254, 1255, 951 N.Y.S.2d 454 [4th Dept. 2012], lv denied 20 N.Y.3d 1012, 960 N.Y.S.2d 355, 984 N.E.2d 330 [2013], cert denied 571 U.S. 993, 134 S.Ct. 517, 187 L.Ed.2d 373 [2013]). Therefore, we relieve counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel's review of the record may disclose.