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People v Lea (David)
2011 NY Slip Op 50657(U) [31 Misc 3d 136(A)]
Decided on April 15, 2011
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 15, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Hunter, Jr., J.P., Schoenfeld, Torres, JJ
570215/10.

The People of the State of New York, Respondent, - -

against

David Lea, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc Whiten, J.), rendered January 4, 2010, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.


Per Curiam.

Appeal from judgment of conviction (Marc Whiten, J.), rendered January 4, 2010, dismissed.

Since defendant is not incarcerated and all efforts by assigned appellate counsel to locate and communicate with him have been unsuccessful, defendant has demonstrated a lack of interest in his appeal (see People v Dubrey, 217 AD2d 707 [1995]; People v Cullum, 170 AD2d 524 [1991]; People v Jinks, 140 AD2d 371 [1988]). In light of the foregoing, the application by defendant's counsel for leave to withdraw as counsel is granted, and the appeal is dismissed as abandoned (see People v Dubrey, 217 AD2d at 707; People v McCaffrey, 174 AD2d 579 [1991]; People v Dyson, 28 Misc 3d 129[A], 2010 NY Slip Op 51219[U] [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 15, 2011