| People v Lowe |
| 2007 NY Slip Op 06589 [43 AD3d 1204] |
| September 13, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Thomas M.Lowe, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Cheryl Mancini of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Smith, J.), renderedJanuary 20, 2006, convicting defendant upon his plea of guilty of the crime of grand larceny inthe fourth degree.
Defendant pleaded guilty to grand larceny in the fourth degree as charged in a superior courtinformation. In accordance with the plea agreement, he was sentenced as a second felonyoffender to 2 to 4 years to be served at the Willard Drug Treatment Facility. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on theground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of therecord, we disagree. We find that there is at least one issue of arguable merit pertaining to theseverity of the sentence. Consequently, without passing judgment on the ultimate merit of thisissue, we grant counsel's application and new counsel shall be assigned to address this issue andany others that the record may disclose (see People v Stokes, 95 NY2d 633 [2001]; People v Smith, 32 AD3d 553[2006]; People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650[1986]).
Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur. Ordered that the decisionis withheld, application to be relieved of assignment granted and new counsel to be assigned.