People v Cook

People v Cook 2016 NY Slip Op 01518 Decided on March 3, 2016 Appellate Division, Third 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 and Entered: March 3, 2016
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[*1]THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v

WAYNE C. COOK, Appellant.

Calendar Date: January 19, 2016
Before: Egan Jr., J.P., Lynch, Devine and Clark, JJ.

Michelle E. Stone, Vestal, for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton (Joshua Seth Shapiro of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered August 23, 2013, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the reduced charge of attempted criminal possession of a weapon in the third degree. Pursuant to the terms of the plea agreement, defendant paid restitution, and County Court thereafter imposed the promised sentence of time served with a three-year conditional discharge. Defendant now appeals.

Appellate counsel seeks to be relieved of her assignment of representing defendant upon the ground that there are no nonfrivolous issues to be raised on appeal. We disagree. Our

review of the record reveals at least one issue of arguable merit regarding the validity of defendant's plea (see generally People v Daniels, 76 AD3d 1121, 1121 [2010]). Therefore, without expressing any opinion as to the ultimate merit of that issue, we grant counsel's application for leave to withdraw and assign new counsel to address this issue and any others that the record may disclose (see People v Stokes, 95 NY2d 633 [2001]; People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]).

Egan Jr., J.P., Lynch, Devine and Clark, JJ., concur.

ORDERED that the decision is withheld, application to be relieved of assignment [*2]granted and new counsel to be assigned.