People v Lamb (Cyrus)

[*1] People v Lamb (Cyrus) 2005 NYSlipOp 50868(U) Decided on June 7, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 7, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
NOS. 2002-1620 S CR 2003-66 S CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

Cyrus Lamb, Appellant.

Appeal by defendant (No. 2002-1620 S CR) from amended judgments of the Justice Court, Town of Southampton, Suffolk County (D. Kooperstein, J.), rendered July 16, 2002, convicting him upon his guilty pleas to two counts of issuing a bad check (Penal Law § 190.05 [2]), criminal possession of stolen property in the fifth degree (Penal Law § 165.40), four counts of petit larceny (Penal Law § 155.25), aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511 [1]) and operating an uninspected motor vehicle (Vehicle and Traffic Law § 306 [b]), and imposing re-sentence.

Appeal by defendant (No. 2003-66 S CR) from the same judgments of convictions as amended on January 3, 2003 by imposing re-sentence.

Appeals unanimously dismissed.

The appeals are dismissed since assigned counsel has never been able to locate or contact the defendant and, thus, is without authority to prosecute the appeals on his behalf (People v Watson, 77 NY2d 857 [1991]). Counsel is relieved of any further obligations to defendant (id.), who has not contacted his attorney and "thus demonstrated a lack of interest in the appeal[s]" (People v Jinks, 140 AD2d 371, 371-372 [1988]). [*2]

The appeal from the amended judgments rendered on July 16, 2002, in any event, must be dismissed since said amended judgments were superseded.
Decision Date: June 07, 2005