People v. Clyde

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRYAN CLYDE, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 7, 1993

189 A.D.2d 577 (N.Y. App. Div. 1993)

592 N.Y.S.2d 33

Opinion

January 7, 1993

Appeal from the Supreme Court, New York County (Richard Failla, J.).

The appeals must be dismissed because defendant was not served with the People's brief. The fact that the People served defendant's trial counsel with their brief, does not constitute due process since, under 22 NYCRR 606.5 (1), his duty to represent defendant terminated with the conclusion of the proceeding in the trial court (People v. Miller, 188 A.D.2d 399). Further, the Court has been advised by trial counsel that he has not been retained to represent defendant in this appeal.

Concur — Murphy, P.J., Carro, Rosenberger, Ross and Asch, JJ.