People v. Williams

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 was convicted upon his guilty plea of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). Defendant’s assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford ( 71 AD2d 38 [1979]). Upon our review of the record, we conclude that there is a nonfrivolous issue as to whether defendant’s plea was knowing, voluntary and intelligent (see People v Cornell, 16 NY3d 801 , 802 [2011]). 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. (Appeal from a Judgment of the Oswego County Court, Spencer J. Ludington, J. — Criminal Possession of a Controlled Substance, 4th

Present — Whalen, P.J., Centra, DeJoseph, NeMoyer and Winslow, JJ.