Opinion
2006-2005 W CR.
Decided July 8, 2010.
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.
PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ.
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). 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; People v Jinks, 140 AD2d 371).
Nicolai, P.J., LaCava and Iannacci, JJ., concur. Decision Date: July 08, 2010