SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
May 27, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
Appeal from a judgment of the District Court of Suffolk County, First District (Gaetan B. Lozito, J.), rendered October 13, 2009.
People v Lewis (Shawn)
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This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on May 27, 2011
PRESENT: TANENBAUM, J.P., MOLIA and IANNACCI, JJ
The judgment convicted defendant, upon his plea of guilty, of sexual misconduct.
ORDERED that the appeal is dismissed.
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 non-frivolous 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.
Decision Date: May 27, 2011
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