| People v Lewis (Shawn) |
| 2011 NY Slip Op 50998(U) [31 Misc 3d 149(A)] |
| Decided on May 27, 2011 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the District Court of Suffolk County, First District (Gaetan B.
Lozito, J.), rendered October 13, 2009. 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 [1]). Defendant's assigned appellate counsel submitted an Anders
brief setting forth his conclusion that no nonfrivolous issues exist that could be raised on appeal
(Anders v California, 386 US 738 [1967]) 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 [1991];
People v Jinks, 140 AD2d 371 [1988]). 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