Opinion
May 2, 1988
Appeal from the Supreme Court, Queens County (Zelman, J.).
Ordered that the motion is granted, Lloyd M. Bleecker is relieved as attorney for the defendant and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further,
Ordered that Barry Apfelbaum, of 277 Broadway, New York, N.Y., 10007, is assigned as counsel to perfect the appeal; and it is further,
Ordered that the People are directed to furnish a copy of the stenographic minutes to the new assigned counsel; and it is further,
Ordered that new counsel shall serve and file a brief on behalf of the defendant within 90 days of the date of this decision and order and the People shall serve and file their brief within 120 days of the date of this decision and order; by prior decision and order of this court, the defendant was granted leave to prosecute the appeal on the original papers (including the typewritten stenographic minutes) and on the typewritten briefs of the parties, who were directed to file nine copies of their respective briefs and to serve one copy on each other.
Assigned appellate counsel filed an Anders/Saunders brief (see, Anders v California, 386 U.S. 738, supra; People v Saunders, 52 A.D.2d 833), claiming that the appeal was frivolous. Based upon our independent review of the record, appealable issues exist as to whether the display of a single photograph of the defendant to the complainant Theresa W. was impermissibly suggestive; if so, whether the photographic identification procedure tainted the complainant's subsequent identification at a pretrial lineup; and whether there was an independent basis for her in-court identification of the defendant. Since nonfrivolous issues can be identified in the record, we must assign new counsel and reconsider the appeal de novo (see, People v Casiano, 67 N.Y.2d 906; People v Vasquez, 70 N.Y.2d 1, rearg denied 70 N.Y.2d 748). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.