People v Salaudeen A. Roots

People v Roots 2003 NY Slip Op 18928 [1 AD3d 795] November 26, 2003 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 28, 2004

The People of the State of New York, Respondent,
v
Salaudeen A. Roots, Also Known as Salaudeen Taylor, Appellant.

—Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered April 5, 2001, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the fourth degree and criminal possession of a weapon in the third degree (three counts).

Defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and three counts of criminal possession of a weapon in the third degree in full satisfaction of two indictments and various other pending charges. He was sentenced, in accordance with the plea agreement, to prison terms of 4 to 12 years on the controlled substance charge, three years on one of the weapons charges and 1 to 3 years on the other weapons charges, all to run concurrently.

Defense counsel seeks to be relieved of her assignment as counsel for defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Our review of the record and defendant's pro se brief, however, reveals the existence of issues that are " 'arguable on their merits (and therefore not frivolous)' " (People v Stokes, 95 NY2d 633, 636 [2001], quoting Anders v California, 386 US 738, 744 [1967]), including whether County Court erred in denying defendant's suppression motion. Accordingly, and without expressing any opinion as to the merits of the issues raised, counsel's application is granted. New counsel must be assigned, however, to address any issues that the record may disclose (see People v Shaw, 301 AD2d 751, 751 [2003]; People v Van Sickle, 293 AD2d 880, 881 [2002]).

Mercure, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.