PEOPLE v. MOORE (2021)

ORDERED that the appeal is held in abeyance, the application by assigned counsel for leave to withdraw as counsel is granted, and new counsel is assigned pursuant to article 18-B of the County Law to prosecute the appeal. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel;

Andrew E. MacAskill, Esq.734 Franklin AvenueSuite 372Garden City, NY 11530.

New counsel is directed to serve and file a brief within 90 days after the date of this decision and order. The People may serve and file a respondent's brief within 21 days after the service upon them of the appellant's brief. Appellant's new counsel, if so advised, may serve and file a reply brief within seven days after service of the respondent's brief.

In four separate simplified traffic informations, defendant was charged with common-law driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511 [1] [a]), avoiding a traffic control device (Vehicle and Traffic Law § 1225), and failing to signal (Vehicle and Traffic Law § 1163 [d]), respectively. After a jury trial, defendant was found guilty of aggravated unlicensed operation of a motor vehicle in the third degree, avoiding a traffic control device, and failing to signal, and acquitted of driving while intoxicated.

Assigned counsel has submitted an Anders brief setting forth the conclusion that there exist no nonfrivolous issues that could be raised on appeal (see Anders v California, 386 U.S. 738 [1967]). However, absent from assigned counsel's Anders brief is any acknowledgment, discussion, or analysis of the judgment convicting defendant of aggravated unlicensed operation of a motor vehicle in the third degree. Thus, the brief is wholly deficient and does not withstand the first step of our review of such a brief (see People v Murray, 169 AD3d 227, 231-232 [2019]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 258 [2011]). Consequently, new counsel must be assigned to perform a diligent and thorough review.

Accordingly, we hold the appeal in abeyance, grant assigned counsel's application to withdraw as counsel, and assign new counsel to prosecute the appeal.

RUDERMAN, P.J., DRISCOLL and VOUTSINAS, JJ., concur.