Opinion
570215/10.
Decided April 15, 2011.
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.
Appeal from judgment of conviction (Marc Whiten, J.), rendered January 4, 2010, dismissed.
PRESENT: HUNTER, Jr., J.P., SCHOENFELD, TORRES, JJ.
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; People v Cullum, 170 AD2d 524; People v Jinks, 140 AD2d 371). 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; People v Dyson , 28 Misc 3d 129[A], 2010 NY Slip Op 51219[U]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.