After pleading guilty to criminal possession of a forged instrument, and upon waiving his right to appeal, the County Court of St. Lawrence sentenced Michael S. to a 2 to 4 year prison term.
When an appeal was later filed, Michael's attorney asked to be relieved as counsel because he didn't believe that there were any issues worthy of review. But the Appellate Division, Third Department, didn't agree.
Because it thought there were questions as to the "validity and extent" of the appeal waiver which impacted others aspects of the case, the AD3 allowed Michael's attorney to withdraw and directed that new counsel be assigned to take over the case.
No faking that.
To view a copy of the Appellate Division's decision, please use this link: People v. S.