People v. Smith

Summary

The New York Appellate Division, Fourth Department granted assigned appellate counsel's motion to be relieved and directed that new counsel be assigned. The court found a nonfrivolous issue concerning the validity of the defendant's waiver of the right to appeal following his guilty plea and sentence for attempted robbery in the second degree.

Holdings

1. Assigned appellate counsel was relieved of the assignment, and new counsel was directed to be assigned, because a nonfrivolous issue existed concerning the validity of defendant's waiver of the right to appeal.

Questions Presented

1. Whether assigned appellate counsel should be relieved under People v. Crawford where the record presents a nonfrivolous issue concerning the validity of the defendant's waiver of the right to appeal.
2. Whether the validity of defendant's waiver of the right to appeal presents a nonfrivolous issue requiring briefing by newly assigned appellate counsel.

Disposition

other