Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Robert D. Kalish, J.), rendered July 16, 2009.
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ
The judgment convicted defendant, upon his plea of guilty, of attempted assault in the third degree.
ORDERED that the appeal is dismissed.
Defendant pleaded guilty to the charge of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 ). Defendant's appellate counsel has submitted a brief in which she states that she sent numerous letters to defendant, at his last known address, informing him that he may be able to withdraw his plea because, in her opinion, the accusatory instrument is facially insufficient, since it was not properly converted to an information, but defendant did not respond to the letters and did not authorize her to seek the withdrawal of his plea. As counsel has not been able to contact defendant regarding this appeal, the appeal is dismissed as abandoned (see People v Watson, 77 NY2d 857 ; People v Cullum, 170 AD2d 524 ; People v Jinks, 140 AD2d 371 ; People v Dyson, 28 Misc 3d 129[A], 2010 NY Slip Op 51219[U] [App Term, 9th & 10th Jud Dists 2010]).
Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: May 20, 2011
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