People v. Leone

Appellate counsel seeks to be relieved of his assignment of representing defendant upon the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record, we disagree. We find at least one issue of arguable merit pertaining to the propriety of County Court’s order of restitution that is not precluded by defendant’s waiver of the right to appeal (see People v Tallman, 82 AD3d 1363, 1364 [2011]; People v Galietta, 64 AD3d 995 [2009]). Therefore, without passing judgment on the ultimate merit of this issue, *982we grant counsel’s application and assign new…