Opinion
April 5, 1971
On August 18, 1950 defendant was indicted for murder in the first degree. On December 4, 1950 the jury returned a verdict of guilty, with a recommendation of life imprisonment. On January 11, 1951 defendant was sentenced to life imprisonment. Defendant filed a notice of appeal from that judgment. On May 21, 1951 this court dismissed the appeal on defendant's default on a motion by the District Attorney for such dismissal. In 1969 defendant moved for a writ of error coram nobis to vacate the judgment. The judgment was set aside and defendant was resentenced in the Supreme Court, Kings County, on October 30, 1969, again to life imprisonment. Defendant appealed from the judgment rendered on his resentence and now moves, through his assigned counsel, for summary reversal of the judgment. Motion denied. Although defendant did have assigned counsel at the trial, it does not presently appear whether defendant had either retained or assigned counsel on the appeal from the original judgment or whether the District Attorney's notice of motion to dismiss that appeal was served on counsel or on defendant, or both. Thus, it does not presently appear whether defendant knowingly abandoned his appeal (see People v. Lampkins, 21 N.Y.2d 138; People v. De Renzzio, 14 N.Y.2d 732). In any event, it does appear that defendant was furnished with daily copy of the minutes of the trial, the summations and the charge. Since he was furnished with one set of free minutes, he is not entitled to a second set of free minutes and the granting of a motion for summary reversal is not warranted under the circumstances of this case. Rabin, P.J., Munder, Martuscello, Shapiro and Gulotta, JJ., concur.