People v Stinson (James)

[*1] People v Stinson (James) 2007 NY Slip Op 52433(U) [18 Misc 3d 128(A)] Decided on December 21, 2007 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 21, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ
2006-492 W CR.

The People of the State of New York, Respondent,

against

James Stinson, Appellant.

Appeal from judgments of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), rendered February 17, 2006. The judgments convicted defendant, upon his pleas of guilty, of driving while ability impaired and resisting arrest.

Appeal held in abeyance, motion by assigned counsel for leave to withdraw as counsel granted and new counsel assigned pursuant to article 18-b of the County Law to prosecute the appeal. New counsel is directed to file a brief within 90 days after the date of the order entered hereon and the People shall serve and file their brief within two weeks thereafter. Relieved counsel is directed to turn over all papers in his possession to the newly assigned counsel.

Assigned counsel has submitted an Anders brief setting forth his conclusion that there exist no nonfrivolous issues that could be raised on appeal (Anders v California, 386 US 738 [1967]). However, a review of the record reveals an appealable issue as to whether the felony complaint was properly reduced pursuant to CPL 180.50 (People v Grune, 175 Misc 2d 281 [1997]; see People v Jones, 151 Misc 2d 582 [App Term, 2d & 11th Jud Dists 1991]; People v Minor, 144 Misc 2d 846 [1989]). We therefore grant assigned counsel's motion to withdraw as counsel and assign new counsel to ascertain whether defendant wishes to continue to prosecute the appeal, and, if he so desires, to prosecute the appeal on his behalf.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur. [*2]
Decision Date: December 21, 2007