52 A.D.2d 833 | N.Y. App. Div. | 1976
Motion by assigned counsel to be relieved and to have alternate counsel assigned on this appeal denied without prejudice. Appellant’s time to perfect this appeal enlarged to the September 1976 Term. Assigned counsel asks to be relieved, stating that his review of the trial minutes does not reveal a valid issue to be raised on this appeal. Appellant joins in his counsel’s application, and requests that a new attorney be assigned. The moving papers submitted here are insufficient to warrant the granting of the requested relief. The Supreme Court, in Anders v California (386 US 738), established the procedure to be followed in this type of situation. Upon finding his case to be wholly frivolous, after a conscientious examination of the record, counsel should so advise the court and request permission to withdraw. Such request should be accompanied by a brief reciting the underlying facts and highlighting anything in the record that might arguably support the appeal. The brief should be prepared in accordance with the applicable rules of this court, and placed on the Appeals Calendar within the time period prescribed for perfecting the appeal. Appellant should be furnished with a copy of the brief, and given an opportunity to
