People v Reyes, 2023 NY Slip Op 05162 [220 AD3d 819]
October 11, 2023
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Camel Reyes, Appellant.
Thomas R. Villecco, Jericho, NY, for appellant.
Miriam R. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent (no brief filed).
Appeal by the defendant from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated November 9, 2021, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant.
Ordered that the motion of Thomas R. Villecco for leave to withdraw as counsel for the appellant is granted, and he is directed to turn over all papers in his possession to the appellant’s new counsel assigned herein; and it is further, Ordered that Richard L. Herzfeld, 112 Madison Avenue, 8th Fl., New York, NY 10016, is assigned as counsel to perfect the appeal; and it is further, Ordered that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant’s new assigned counsel; and it is further, Ordered that new counsel shall serve and file a brief on behalf of the appellant within 90 days of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. The appellant was granted leave to proceed as a poor person in the Supreme Court, Westchester County, and pursuant to Correction Law § 168-n (3), his status as a poor person continues on appeal. By decision and order on motion of this Court dated July 27, 2022, it was ordered that the appeal would be heard on the original papers, including a certified transcript of the proceedings, and on the briefs of the parties. The parties are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other ( see 22 NYCRR 670.9 [a]).
On this Court’s independent review of the record, we conclude that nonfrivolous issues exist, including, but not necessarily limited to, whether the defendant was deprived of the effective assistance of counsel at the hearing to determine his level of risk pursuant to the Sex Offender Registration Act ( see People v Motta , 203 AD3d 968 , 969 [2022]; see also People v Morancis , 201 AD3d 751 , 752 [2022]; People v Bertrand , 194 AD3d 1081 , 1081-1082 [2021]). Accordingly, assignment of [*2] new counsel is warranted ( see People v Motta , 203 AD3d at 969). Dillon, J.P., Christopher, Wooten and Taylor, JJ., concur..