People v. Delarosa

Full title: PEOPLE v. MIGUEL DeLaROSA

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 8, 1994

202 A.D.2d 242 (N.Y. App. Div. 1994)

610 N.Y.S.2d 766

Opinion

March 8, 1994

Motion to reinstate appeal denied.

Concur — Kupferman, Ross and Nardelli, JJ.

Sullivan, J.P., dissents in a memorandum as follows:

In accordance with the views expressed in my dissent in our prior decision (People v. DeLaRosa, 192 A.D.2d 403, lv granted 81 N.Y.2d 1082, appeal withdrawn 82 N.Y.2d 750), I would grant the motion and reinstate the appeal. Our recently enacted amendment to 22 NYCRR 600.8, adding, inter alia, subdivision (f), effective February 1, 1993, which, in the case of a People's appeal, requires personal service of the appellant's brief upon an unrepresented defendant, had not yet been promulgated when the People filed their brief in this matter.