Opinion
December 26, 1989
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the appeal is dismissed.
It appears that the defendant is not currently incarcerated, and all efforts by assigned appellate counsel to locate the defendant have been unsuccessful. Furthermore, the defendant, who was provided with the name and address of his assigned attorney, has not contacted the attorney in nearly three years. The defendant has thus demonstrated a lack of interest in the appeal. Since the defendant's whereabouts are unknown, he is not available to obey the mandate of the court (see, People v Southerland, 136 A.D.2d 662; People v Jimenez, 97 A.D.2d 799). Accordingly, the appeal is dismissed (see, People v Jinks, 140 A.D.2d 371). Mangano, J.P., Kunzeman, Eiber and Balletta, JJ., concur.