New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
April 20, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DANIEL JONES, DEFENDANT-APPELLANT.
People v Jones
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 appeals from an order that denied his motion pursuant to CPL 440.30 (1-a) for the performance of forensic DNA testing on specified evidence. Defendant's assigned appellate counsel has moved to be relieved of the assignment pursuant to People v Crawford (71 AD2d 38). However, we find that a non-frivolous issue exists as to whether the People met their burden of establishing with sufficient specificity whether the evidence existed and could be tested (see People v Pitts, 4 NY3d 303). 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 Order of Supreme Court, Erie County, Penny M. Wolfgang, J. - CPL 440.30 [1-a]).
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND SCONIERS, JJ. (Filed Apr. 20, 2012.)
© 1992-2012 VersusLaw Inc.