| People v Wasley |
| 2012 NY Slip Op 07336 [100 AD3d 1106] |
| November 8, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Raymond R.Wasley, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered May14, 2010, convicting defendant upon his plea of guilty of the crime of attempted criminal sexualact in the first degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to attempted criminalsexual act in the first degree. Under the terms of the plea agreement, he was to be sentenced as asecond felony offender to 10 years in prison, to be followed by 10 years of postreleasesupervision. Defendant was sentenced accordingly and he now 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 at least one issue of arguable merit pertaining to the severity of thesentence that warrants further review. Accordingly, without passing judgment on the ultimatemerit of this issue, we grant counsel's application and assign new counsel to address this issueand any others that the record may disclose (see People v Stokes, 95 NY2d 633 [2001];People v Garren, 74 AD3d1578 [2010]; People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d650 [1986]).
Lahtinen, J.P., Spain, Kavanagh, McCarthy and Garry, JJ., concur. Ordered that the decisionis withheld, application to be relieved of assignment granted and new counsel to be assigned.