122 AD3d 1348
N.Y. App. Div. 4th
2014

The People of the State of New York, Respondent, v Juan C. Medina, Appellant.

Appellate Division, Fourth Department, New York

November 14, 2014

2014 NY Slip Op 07922 [122 AD3d 1348]

Present—Scudder, P.J., Smith, Peradotto, Carni and Sconiers, JJ.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 31, 2014

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 Alford plea of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 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]). Our review of the record reveals a nonfrivolous issue concerning the voluntariness of defendant‘s plea (see People v Peque, 22 NY3d 168 [2013]). 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 Jefferson County Court, Kim Hawn Martusewicz, J.—Attempted Promoting Prison Contraband, 1st Degree).