NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
July 2, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
EULESE N. CRUZ, ALSO KNOWN AS MARCO AGUAY, DEFENDANT-APPELLANT.
(Appeal from Judgment of Jefferson County Court, Kim Hawn Martusewicz, J. - Attempted Robbery, 1st Degree).
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
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 robbery in the first degree (Penal Law §§ 110.00, 160.15 ), and upon his guilty plea of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 ). Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). However, our review of the record reveals the existence of non-frivolous issues for appeal, specifically, whether County Court erred in denying defendant's motion seeking to suppress the photo array identification of defendant, and whether there was sufficient evidence of guilt in the record to support defendant's Alford plea (see People v Richardson, 72 AD3d 1578). Therefore, we relieve counsel of his assignment and assign new counsel to brief these issues, as well as any other issues that counsel's review of the record may disclose.
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.
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