Opinion
March 2, 1993
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).
The appeal must be dismissed because the defendant was not served with the People's brief. The People's service of their brief upon the defendant's trial counsel does not constitute due process because pursuant to 22 NYCRR 606.5 (a) (1) his duty to represent the defendant terminated with the conclusion of the proceeding in the trial court (People v. Miller, 188 A.D.2d 399). Further, this Court has been advised by the trial counsel that he has not been retained to represent the defendant on this appeal (supra; see also, People v. Clyde, 189 A.D.2d 577).
Concur — Carro, J.P., Wallach, Asch and Rubin, JJ.