Opinion
April 9, 1970
Appeal from the Yates County Court.
Present — Goldman, P.J., Witmer, Gabrielli, Moule and Bastow, JJ.
Judgment unanimously affirmed. Memorandum: Appellant specifically waived assignment of counsel upon this appeal from his conviction and served a substantial brief pro se. Notwithstanding communications to the District Attorney of Yates County by this court inquiring when a brief would be filed, no brief was submitted and no argument was made by him. As we wrote in People v. Wright ( 22 A.D.2d 754), "It is the duty of every District Attorney to conduct all prosecutions for crimes or offenses cognizable by the courts of the county for which he shall have been elected (County Law, § 700, subd. 1). We feel that this requires that he file a brief stating his position concerning an appeal taken by a defendant". See also, People v. Houston ( 31 A.D.2d 777.) This responsibility and duty of the District Attorney is in no way diminished or excused by reason of the fact that we have affirmed the conviction after a careful consideration of the record and the law. The defendant's guilty plea upon all the facts in this case justified the imposition of the sentence he received.