
    The People of the State of New York, Respondent, v Patrick Davis, Appellant.
    Decided January 12, 1989
    
      APPEARANCES OF COUNSEL
    
      Stewart E. Sterk for appellant.
    
      Paul T. Gentile, District Attorney (Billie Manning and Peter D. Coddington of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and case remitted to the Appellate Division, First Department, for a de novo consideration of the defendant’s appeal. That court erred in failing to assign new counsel after determining that the appeal presented a nonfrivolous issue (see, People v Casiano, 67 NY2d 906, 907).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  