People v Breeze (Kevin)

[*1] People v Breeze (Kevin) 2005 NYSlipOp 51969(U) Decided on July 13, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 13, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2003-1600 OR CR

The People of the State of New York, Respondent,

against

Kevin Breeze, Appellant.

Appeal by defendant from a judgment of the Justice Court, Town of Wallkill, Orange County (R. Freehill, J.), rendered June 25, 2003, convicting him, upon his guilty plea, of sexual misconduct (Penal Law § 130.20) and endangering the welfare of a child (Penal Law § 260.10), and imposing sentence.

Appeal unanimously dismissed.

On appeal, defendant's assigned appellate counsel submits an Anders brief, stating that he has reviewed the record and found that there are no nonfrivolous issues (see Anders v California, 386 US 738 [1967]).

Inasmuch as it appears that the underlying proceedings were not recorded by a court stenographer, the appellant was required to serve and file an affidavit of errors (see CPL 460.10 [3] [a], [b]) which, as conceded by appellate counsel, was not done. An appeal is deemed to have been taken upon filing and service of the affidavit of errors (CPL 460.10 [3] [c]). In view of the fact that the appeal has not been properly taken, it follows that the appeal must be dismissed.
Decision Date: July 13, 2005