People v. Smith (69 A.D.2d 798, 1979)

Motion granted and upon reargument the motion to discontinue the appeal is denied without prejudice to counsel proceeding in a proper manner in accordance with the procedure contemplated by People v Saunders (52 AD2d 833) should it be concluded upon a full and adequate review of the record that the appeal is frivolous and that there are no appealable issues. Concur—Fein, J. P., Sullivan, Lane, Markewich and Silverman, JJ.