| People v Smith |
| 2011 NY Slip Op 09550 [90 AD3d 1417] |
| December 29, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Christian J.Smith, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira, for respondent.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), renderedJuly 2, 2010, convicting defendant upon his plea of guilty of the crime of criminal possession ofa weapon in the second degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to criminal possession ofa weapon in the second degree. In accordance with the terms of the plea agreement, he wassentenced to seven years in prison to be followed by five years of postrelease supervision.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 one issue of arguable merit pertaining to the severity of the sentencethat warrants further review. Accordingly, without passing judgment on the ultimate merit of thisissue, we grant counsel's application and assign new counsel to address this issue and any othersthat the record may disclose (see People v Stokes, 95 NY2d 633 [2001]; People v Garren, 74 AD3d 1578[2010]; People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650[1986]).
Mercure, A.P.J., Spain, Kavanagh, McCarthy and Garry, JJ., concur. Ordered that thedecision is withheld, application to be relieved of assignment granted and new counsel to beassigned.