— Appeal from a judgment, Supreme Court, New York County (George Roberts, J.), rendered May 14, 1985, which convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree and sentenced him to a prison term of 2 to 4 years, and which sentenced defendant to a concurrent prison term of lVs to 4 years for violation of probation imposed on an earlier conviction of the Supreme Court, New York County (Herbert Altman, J.), rendered January 9, 1981, for criminal sale of a controlled substance in the fifth degree, held in abeyance; the motion by assigned counsel to withdraw is denied; and assigned counsel is directed to serve a supplemental brief within 60 days of the date of this court’s order.
Assigned counsel has filed a brief pursuant to Anders v California (
However, the record reveals that defendant moved to withdraw his plea of guilty on the ground that the original plea was conditioned on there not being a suppression issue, but that, in fact, a significant search and seizure issue exists. While the motion was denied in a written opinion by Justice Herbert Altman prior to the time of sentence, the brief submitted by assigned counsel fails to make any mention of such motion.
Accordingly, counsel’s Anders/Saunders brief is deficient. Counsel is directed to investigate this possible appellate issue and file a supplemental brief addressing the matter and determining whether it presents any nonfrivolous issues that should be considered on appeal. Concur — Kupferman, J. P., Sullivan, Milonas and Ellerin, JJ.