Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York v. Nathaniel Moss

New York Supreme and/or Appellate Courts Appellate Division, Fourth Department


April 29, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
NATHANIEL MOSS,
DEFENDANT-APPELLANT.

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 [4]), 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.)

20110429

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.