Opinion
July 7, 1988
Appeal from the Jefferson County Court, Aylward, J.
Present — Callahan, J.P., Denman, Boomer, Balio and Lawton, JJ.
Case held, decision reserved, motion to relieve counsel's assignment granted, and new counsel to be assigned, in accordance with the following memorandum: Our review of the record reveals that there are nonfrivolous issues which at least arguably could support reversal of defendant's conviction of two counts of murder in the second degree. First, it is arguable whether defendant received the effective assistance of counsel in pleading guilty to the two highest counts of the indictment, intentional murder, in exchange for a promise to receive consecutive sentences of 15 years to life on each count. Second, there is a nonfrivolous issue regarding the sufficiency of the plea allocution in setting forth the factual basis for the conviction (see, People v. Serrano, 15 N.Y.2d 304).
As in appeal No. 1 (People v. Fedora, 142 A.D.2d 957), we will assign new counsel to submit a brief before considering the appeal (see, People v. Casiano, 67 N.Y.2d 906, 907; People v Gaines, 122 A.D.2d 565).