Citation Codes Equivalent Citations citation codes Docket Number 13583 Attorney(S) Martin J. Kehoe III, Albany, for appellant. Donald A. Williams, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent. See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA SHAW, Appellant. MEMORANDUM AND ORDER Cardona, P.J. Defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree and was sentenced in accordance with the plea agreement to a prison term of 4 to 12 years. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that no nonfrivolous issues can be raised on appeal. We disagree. Our review of the record and defense counsel's brief reveals the existence of potential nonfrivolous issues of "arguable merit" (People v. Cruwys, 113 A.D.2d 979, lv denied 67 N.Y.2d 650), including whether defendant's plea was voluntary. Accordingly, defense counsel's application to be relieved of his assignment is granted and new counsel will be assigned to address any issues that the record may disclose (see People v. Stokes, 95 N.Y.2d 633; People v. Cruwys, supra). Mercure, Spain, Carpinello and Kane, JJ., concur. ORDERED that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.