Opinion
14672 Ind. Nos. 4506N/15 806/16 Case No. 2018–1226
11-23-2021
The PEOPLE of the State of New York, Respondent, v. Gabriel NUNEZ, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Dalourny Nemorin of counsel), for appellant.
Janet E. Sabel, The Legal Aid Society, New York (Dalourny Nemorin of counsel), for appellant.
Acosta, P.J., Gische, Singh, Scarpulla, Mendez, JJ.
Appeal from judgments, Supreme Court, New York County (James M. Burke and Abraham L. Clott, J. at pleas; Abraham L. Clott, J. at sentencing), rendered March 15, 2017, convicting defendant of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to concurrent terms of three years, held in abeyance, motion by assigned counsel to be relieved denied without prejudice to renewal, and counsel directed to resend defendant a letter advising him of his right to submit a pro se brief with the correct address for this Court.
Although assigned counsel complied with People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161, 384 N.Y.S.2d 161 (1st Dept. 1976) by sending defendant a copy of the brief advising this Court that there are no nonfrivolous issues to be raised on appeal and advising defendant of his right to submit a pro se supplemental brief directly to this Court, assigned counsel gave him the incorrect address to do so. Accordingly, we hold the matter in abeyance pending proof of notification to defendant correcting the error and readvising him of his rights.