People v. Rossetti (89 A.D.3d 871, 2011)

Upon this Court’s independent review of the record, we conclude that a nonfrivolous issue exists as to whether the County Court providently exercised its discretion in denying the defendant’s request for “an opportunity to withdraw his plea” (People v Rossetti, 55 AD3d 637, 637-638 [2008]). Accordingly, assignment of new counsel is warranted. Skelos, J.P, Angiolillo, Belen, Lott and Roman, JJ., concur.