PEOPLE v. DANIELS

102792

76 A.D.3d 1121 (2010)

907 N.Y.S.2d 707

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID R. DANIELS, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 23, 2010.


Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, we disagree. There is at least one issue of arguable merit pertaining to the validity of the guilty plea ultimately accepted by County Court (see CPL 220.50 [1]). Accordingly, without passing judgment on the ultimate merit of this issue, we grant counsel's application and...

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