Opinion
Submitted November 5, 1990
Decided February 12, 1991
Appeal from the Appellate Division of the Supreme Court, in the Fourth Judicial Department, Conable, J.
Donald M. Thompson for appellant.
Michael F. Griffith, District Attorney (David Di Matteo of counsel), for respondent.
On the Court's own motion, appeal dismissed on the ground that the counsel assigned by the Appellate Division has never been able to locate or contact the defendant and, thus, is without authority to prosecute this appeal on his behalf. Counsel is relieved of any further obligations to this defendant.
Motion for assignment of counsel and permission to prosecute the appeal as a poor person dismissed as academic.