People
v.
Barton

Appellate Division of the Supreme Court of New York, Fourth DepartmentJul 10, 1987
132 A.D.2d 1000 (N.Y. App. Div. 1987)

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  • People v. Howard

    …In support of that motion, counsel has submitted a brief identifying and analyzing several potential issues…

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July 10, 1987

Appeal from the Jefferson County Court, Aylward, J.

Present — Dillon, P.J., Doerr, Boomer, Pine and Lawton, JJ.


Case held, decision reserved, counsel's application to withdraw granted, and new counsel to be assigned. Memorandum: Our review of the record reveals that the propriety of the suppression court's denial of defendant's motion to suppress statements he made to a State Trooper, as well as physical evidence seized from a passenger in his vehicle and from the trunk of his vehicle by State Troopers, presents a nonfrivolous issue which arguably could support reversal of the judgment convicting defendant of robbery in the second degree. Where there exist nonfrivolous arguments for reversal of defendant's conviction, it is a denial of defendant's constitutional right to the effective assistance of appellate counsel for his lawyer to submit a brief requesting to be relieved of his assignment (see, People v. Crawford, 71 A.D.2d 38). Since we find a nonfrivolous issue, we will assign new counsel to submit full briefs before considering the appeal (People v. Casiano, 67 N.Y.2d 906, 907; People v. Gonzalez, 47 N.Y.2d 606, 610-611; People v. Gaines, 122 A.D.2d 565).