People v. Etheart

Appellate Division of the Supreme Court of New York

People v. Etheart

2017 NY Slip Op 3592, 150 A.D.3d 410, 51 N.Y.S.3d 395

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 2017

Docket16588 847/13

StatusPublished

This text of 2017 NY Slip Op 3592 (People v. Etheart) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Etheart, 2017 NY Slip Op 3592, 150 A.D.3d 410, 51 N.Y.S.3d 395 (N.Y. Ct. App. 2017).

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Opinion

*411 Appeal from judgment, Supreme Court, New York County (Rena K. Uviller, J. at plea; Robert M. Stolz, J. at sentencing), rendered December 4, 2013, convicting defendant of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to term of 1½ to 3 years, held in abeyance, motion by assigned counsel to be relieved denied without prejudice to renewal pending further information from assigned counsel as to her communications with defendant regarding his appeal.

Assigned counsel asserts that defendant has not authorized her to pursue certain potentially viable appellate issues. However, although defendant was apparently paroled to United States immigration authorities in 2014, assigned counsel’s letter to defendant dated September 18, 2015, along with a copy of the brief filed with this court, was sent to a residential address. Accordingly, we hold the appeal in abeyance and deny assigned counsel’s motion without prejudice to renewal upon a showing that defense counsel has communicated to defendant through the immigration authorities or that counsel has attempted to communicate with defendant in another manner that is reasonably calculated to provide notice regarding his appeal or that counsel otherwise communicated with defendant to the extent required by People v Saunders (52 AD2d 833 [1976]).

Concur—Tom, J.R, Richter, Mazzarelli and Gische, JJ.

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*411 Appeal from judgment, Supreme Court, New York County (Rena K. Uviller, J. at plea; Robert M. Stolz, J. at sentencing), rendered December 4, 2013, convicting defendant of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to term of 1½ to 3 years, held in abeyance, motion by assigned counsel to be relieved denied without prejudice to renewal pending further information from assigned counsel as to her communications with defendant regarding his appeal.

Assigned counsel asserts that defendant has not authorized her to pursue certain potentially viable appellate issues. However, although defendant was apparently paroled to United States immigration authorities in 2014, assigned counsel’s letter to defendant dated September 18, 2015, along with a copy of the brief filed with this court, was sent to a residential address. Accordingly, we hold the appeal in abeyance and deny assigned counsel’s motion without prejudice to renewal upon a showing that defense counsel has communicated to defendant through the immigration authorities or that counsel has attempted to communicate with defendant in another manner that is reasonably calculated to provide notice regarding his appeal or that counsel otherwise communicated with defendant to the extent required by People v Saunders (52 AD2d 833 [1976]).

Concur—Tom, J.R, Richter, Mazzarelli and Gische, JJ.

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Bluebook (online)

2017 NY Slip Op 3592, 150 A.D.3d 410, 51 N.Y.S.3d 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-etheart-nyappdiv-2017.

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