People
v.
Barton

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Fourth DepartmentJul 10, 1987
132 A.D.2d 1000 (N.Y. App. Div. 1987)

Cases citing this case

How cited

  • 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).