PEOPLE v. TEJADA (2021)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Leonard P. Rienzi, J.), rendered July 16, 2013, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.  Assigned counsel has submitted a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the motion of Paul Skip Laisure for leave to withdraw as counsel for the appellant is granted, and he is directed to turn over all papers in his possession to new counsel assigned herein;  and it is further,

ORDERED that Janet E. Sabel, The Legal Aid Society, 199 Water Street, 5th Floor, New York, NY, 10038, is assigned as counsel to prosecute the appeal;  and it is further,

ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the new assigned counsel;  and it is further,

ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed.  By prior decision and order on motion of this Court dated September 8, 2014, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers (including a certified transcript of the proceedings) and on the briefs of the parties.  The parties are directed to file one original and five duplicate hard copies, and one digital copy, of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9[a][4];  [c][1]).

Upon this Court's independent review of the record, we conclude that nonfrivolous issues exist in this case, including, but not necessarily limited to, whether the defendant's purported appeal waiver is valid (see People v. Thomas, 34 N.Y.3d 545, 564–566, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Dubose, 184 A.D.3d 584, 584–585, 123 N.Y.S.3d 530) and whether the sentence imposed was excessive (see People v. Ayala, 142 A.D.3d 1095, 37 N.Y.S.3d 712;  People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).  Accordingly, the assignment of new counsel is warranted (see People v. Stokes, 95 N.Y.2d 633, 638, 722 N.Y.S.2d 217, 744 N.E.2d 1153).

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.