People v Burnham

People v Burnham 2015 NY Slip Op 08339 Decided on November 13, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 13, 2015
PRESENT: SCUDDER, P.J., SMITH, CENTRA, WHALEN, AND DEJOSEPH, JJ. (Filed Nov. 13, 2015.)
MOTION NO. (1072/13) KA 14-01666.

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

BRANDON A. BURNHAM, DEFENDANT-APPELLANT.

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 attempted burglary in the second degree (Penal Law  110.00, 140.25 [2]).

Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). We conclude that there is a nonfrivolous issue as to whether County Court erred in failing, sua sponte, to conduct a competency hearing pursuant to CPL 730.30 (2). We therefore 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 Judgment of Oswego County Court, Donald E. Todd, J. - Attempted Burglary, 2nd Degree).