Opinion
December 17, 1992
Appeal from the Supreme Court, New York County (Jay Gold, J.).
In this appeal, the People seek to challenge the trial court's grant of defendant's motion, pursuant to CPL 210.20 (1) (b), to inspect the Grand Jury minutes and dismiss the indictment on grounds of legal insufficiency. Defendant was not served with the appellate brief. Trial counsel was served; however, his duty to represent defendant terminated at the conclusion of the proceedings below (see, 22 NYCRR 606.5 [a] [1]). He had not been assigned or retained, and he made no appearance to represent defendant on this appeal. Accordingly, no valid service upon defendant has been effected, and the appeal must be dismissed.
Concur — Murphy, P.J., Ellerin, Kupferman, Kassal and Rubin, JJ.