Opinion
2009-2332 S CR.
Decided May 27, 2011.
Appeal from a judgment of the District Court of Suffolk County, First District (Gaetan B. Lozito, J.), rendered October 13, 2009. The judgment convicted defendant, upon his plea of guilty, of sexual misconduct.
ORDERED that the appeal is dismissed.
PRESENT: TANENBAUM, J.P., MOLIA and IANNACCI, JJ.
Defendant pleaded guilty to the charge of sexual misconduct (Penal Law § 130.20). Defendant's assigned appellate counsel submitted an Anders brief setting forth his conclusion that no nonfrivolous issues exist that could be raised on appeal ( Anders v California, 386 US 738) and asserting that letters mailed to defendant were returned as "undeliverable" and that counsel has not been able to contact defendant regarding this appeal. Consequently, the appeal is dismissed as counsel is without authority to prosecute the appeal on defendant's behalf ( see People v Watson, 77 NY2d 857; People v Jinks, 140 AD2d 371). Counsel is relieved of any further obligations to defendant ( see People v Watson, 77 NY2d 857).
Tanenbaum, J.P., Molia and Iannacci, JJ., concur.