People v Dyson (Claude)

[*1] People v Dyson (Claude) 2010 NY Slip Op 51219(U) [28 Misc 3d 129(A)] Decided on July 8, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 8, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2006-2005 W CR.

The People of the State of New York, Respondent,

against

Claude Vincent Dyson, Appellant.

Appeal from a judgment of the Justice Court of the Village of Irvington, Westchester County (Lawrence H. Ecker, J.), rendered October 11, 2006. The judgment convicted defendant, upon his plea of guilty, of forgery in the third degree.

ORDERED that the appeal is dismissed.

Defendant pleaded guilty to the charge of forgery in the third degree (Penal Law § 170.05). Defendant's assigned counsel submitted an Anders brief setting forth his conclusion that no nonfrivolous issue existed that could be raised on appeal (Anders v California, 386 US 738 [1967]). Upon this court's review of the record, however, a nonfrivolous appealable issue was found to exist. Consequently, the appeal was held in abeyance, assigned counsel's motion to withdraw as counsel was granted and new counsel was assigned to ascertain whether defendant wished to continue to prosecute the appeal (19 Misc 3d 139[A], 2008 NY Slip Op 50900[U]).

Newly assigned counsel has now submitted a brief wherein he asserts that he has not been able to contact defendant regarding this appeal. Consequently, the appeal is dismissed as abandoned (see People v Cullum, 170 AD2d 524 [1991]; People v Jinks, 140 AD2d 371 [1988]).

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: July 08, 2010