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The People of the State of New York, Respondent v. Anthony Malloy

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


October 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, --
v.
ANTHONY MALLOY, APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (David Godosky, J.), rendered April 7, 2010.

People v Malloy (Anthony)

Decided on October 10, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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: WESTON, J.P., RIOS and SOLOMON, JJ

The judgment convicted defendant, upon his plea of guilty, of petit larceny.

ORDERED that the appeal is dismissed.

Defendant pleaded guilty to the charge of petit larceny (Penal Law § 155.25). Defendant's assigned appellate counsel has submitted a brief in which she states that she has sent numerous letters to defendant informing him that the only viable issue on appeal is whether the accusatory instrument charging him with petit larceny is facially insufficient and, thus, that, in her opinion, defendant may be able to withdraw his plea. However, defendant did not respond to assigned counsel's letters and has not authorized her to seek the withdrawal of his plea. Since defendant has demonstrated a lack of interest in his appeal, the appeal is dismissed as abandoned (see People v Cullum, 170 AD2d 524 [1991]; People v Jinks, 140 AD2d 371 [1988]; People v Grant, 31 Misc 3d 145[A], 2011 NY Slip Op 50935[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; People v Dyson, 28 Misc 3d 129[A], 2010 NY Slip Op 51219[U] [App Term, 9th & 10th Jud Dists 2010]). In addition, defendant's counsel's application to be relieved of assignment is granted.

Weston, J.P., Rios and Solomon, JJ., concur. Decision Date: October 10, 2012

20121010

© 1992-2012 VersusLaw Inc.



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