People v Harrison

People v Harrison 2018 NY Slip Op 08910 Decided on December 21, 2018 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 December 21, 2018
PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, CURRAN, AND TROUTMAN, JJ. (Filed Dec. 21, 2018.)
KA 17-00111.

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

v

JERMAINE HARRISON, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

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 of, inter alia, assault in the second degree (Penal Law § 120.05 [3]) and was sentenced on that conviction, as a second felony offender, to a determinate term of imprisonment of three years and three years' postrelease supervision. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38 [4th Dept 1979]). However, a nonfrivolous issue exists concerning the legality of defendant's sentence with respect to the period of postrelease supervision imposed (see Penal Law § 70.45 [2]). 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 Judgment of Wayne County Court, Dennis M. Kehoe, J. - Assault, 2nd Degree).