New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
April 29, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
People v Moss
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.
Decided on April 29, 2011
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 a guilty plea of failing to register a change of address as a sex offender (Corrections Law § 168-f ),
and was sentenced to a definite sentence of imprisonment of one year. Defendant's assigned appellate counsel has moved to be relieved of the
assignment pursuant to People v Crawford (71 AD2d 38). However, upon our review of the record we conclude that a non-frivolous issue exists
as to whether Supreme Court improperly imposed an enhanced sentence without affording defendant an opportunity to withdraw his plea.
Therefore, we relieve counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel's review of the
record may disclose. (Appeal from Judgment of Supreme Court, Erie County, John L. Michalski, A.J. - Failure to Register as Sex Offender).
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GREEN, JJ. (Filed Apr. 29, 2011.)
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