People v Perez

People v Perez 2010 NY Slip Op 05241 [74 AD3d 1881] June 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

The People of the State of New York, Respondent, v Jaime Perez, Appellant.

—[*1]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 a guilty plea of promoting prison contraband in the first degree (Penal Law § 205.25 [2]). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [1979]). However, upon our review of the record we conclude that there are nonfrivolous issues meriting this Court's consideration, specifically, whether County Court erred in denying defendant's motion to dismiss the indictment based on preindictment delay and the propriety of the court's ruling following the Huntley hearing. Therefore, we relieve counsel of his assignment and assign new counsel to brief these issues, as well as any other issues that counsel's review of the record may disclose. (Appeal from Judgment of Wyoming County Court, Mark H. Dadd, J.—Promoting Prison Contraband, 1st Degree). Present—Scudder, P.J., Martoche, Sconiers, Green and Gorski, JJ.