Opinion
March 16, 1993
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
The record reveals that only trial counsel but not defendant himself, has been served with the People's appellate brief. Since trial counsel's responsibility to represent defendant terminated at the conclusion of the proceedings below, and since trial counsel has not been assigned or retained as to this appeal and has made no appearance on defendant's behalf, no valid service upon defendant has been effected, and the appeal must therefore be dismissed (People v. Basilis, 191 A.D.2d 244).
The unpublished order of this Court entered herein on March 9, 1993 is hereby recalled and vacated.
Concur — Ellerin, J.P., Kupferman, Ross and Kassal, JJ.