People v. Elmore
Court: Appellate Division of the Supreme Court of the State of New York; December 18, 1994; New York; State Appellate Court
Appeal from a judgment of the Supreme Court, Kings County, convicting the defendant of criminal possession of stolen property in the fifth degree upon a guilty plea. The defendant's assigned counsel, Ethel P. Ross, submitted a brief under Anders v. California, requesting to be relieved from the case. The court granted this motion, relieving Ross and assigning Steven Feldman as new counsel. The People are ordered to provide the new counsel with the stenographic minutes. New counsel must file a brief within 90 days, while the People have 120 days to respond. The court previously allowed the defendant to appeal using original papers and typewritten briefs from both parties. An independent review of the record indicated potential arguable issues, particularly regarding whether the court improperly placed the defendant on interim probation by delaying sentencing for drug treatment. The motion to relieve the assigned counsel was granted, and new appellate counsel was assigned. The panel included Justices Sullivan, Rosenblatt, Altman, Hart, and Friedmann, all concurring.