New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
April 20, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
People v Alston
Decided on April 20, 2012
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 a guilty plea of robbery in the first
degree (Penal Law § 160.15 ), and was sentenced to a determinate term of imprisonment of eight years
and five years postrelease supervision. 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 defendant's waiver of the right to appeal was valid.
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, Monroe County, Francis A. Affronti, J. - Robbery, 1st Degree).
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND SCONIERS, JJ.
(Filed Apr. 20, 2012.)
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