From Casetext: Smarter Legal Research

People v. Fernandez

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1993
198 A.D.2d 96 (N.Y. App. Div. 1993)

Opinion

November 16, 1993

Appeal from the Supreme Court, New York County (James Leff, J.).


The Legal Aid Society represented defendant from arraignment on the felony complaint on January 31, 1991 to dismissal of the indictment on October 23, 1991. On October 29, 1991 the People served a timely notice of appeal on the Society's Criminal Appeals Bureau. However, the Society has had no contact with the defendant since the indictment was dismissed and is unaware of her whereabouts, and the defendant has not requested or consented to the Society's representation of her upon this appeal. There is nothing in the record indicating that defendant was ever advised that the People had the right to appeal from the order dismissing her indictment, or of her right to be represented by counsel of her choice or to have counsel assigned if she were still indigent. Under the circumstances the People's appeal must be dismissed because the defendant was not served with the People's brief (People v DeLaRosa, 192 A.D.2d 403, lv granted 81 N.Y.2d 1082).

Concur — Carro, J.P., Ellerin, Wallach and Ross, JJ.


Summaries of

People v. Fernandez

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1993
198 A.D.2d 96 (N.Y. App. Div. 1993)
Case details for

People v. Fernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARY FERNANDEZ…

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

Date published: Nov 16, 1993

Citations

198 A.D.2d 96 (N.Y. App. Div. 1993)
603 N.Y.S.2d 163

Citing Cases

People v. LeBlanc

Indeed, the Society has had no contact with the defendant since the dismissal of the indictment and is…

People v. Hernandez

Indeed, counsel has engaged in motion practice on the defendant's behalf in this court and has submitted a…