PEOPLE v. MURILLO (2020)

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;

Appellate Advocates

111 John Street, 9th Floor

New York, NY 10038.

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 the service of the respondent's brief. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel.

Assigned counsel submitted a brief in accordance with Anders v. California (386 US 738 [1967]), setting forth her conclusion that there exist no nonfrivolous issues that could be raised on appeal. However, the brief is deficient because it fails to adequately analyze potential appellate issues or highlight facts in the record that might arguably support the appeal (see People v. Murray, 169 AD3d 227 [2019]; People v. Dimon, 164 AD3d 600 [2018]; Matter of Giovanni S. [Jasmin A.], 89 AD3d 252, 256 [2011]). Since the brief does not demonstrate that assigned counsel fulfilled her obligations under Anders, we must assign new counsel to represent appellant (see Dimon, 164 AD3d at 601; People v. Rivera, 142 AD3d 512, 513 [2016]; Matter of Giovanni S. [Jasmin A.], 89 AD3d at 258; People v. Nieves, 64 Misc 3d 134[A], 2019 NY Slip Op 51097[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019] ).

Accordingly, the appeal is held in abeyance, assigned counsel's application for leave to withdraw as counsel is granted, and new counsel is assigned to prosecute the appeal.

WESTON, J.P., ALIOTTA and SIEGAL, JJ., concur.