Opinion
November 16, 1993
Appeal from the Supreme Court, New York County (James Leff, J.).
The Legal Aid Society represented defendant from arraignment on the felony complaint on January 31, 1991 to dismissal of the indictment on October 23, 1991. On October 29, 1991 the People served a timely notice of appeal on the Society's Criminal Appeals Bureau. However, the Society has had no contact with the defendant since the indictment was dismissed and is unaware of her whereabouts, and the defendant has not requested or consented to the Society's representation of her upon this appeal. There is nothing in the record indicating that defendant was ever advised that the People had the right to appeal from the order dismissing her indictment, or of her right to be represented by counsel of her choice or to have counsel assigned if she were still indigent. Under the circumstances the People's appeal must be dismissed because the defendant was not served with the People's brief (People v DeLaRosa, 192 A.D.2d 403, lv granted 81 N.Y.2d 1082).
Concur — Carro, J.P., Ellerin, Wallach and Ross, JJ.