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PEOPLE v. PENA

191 A.D.2d 170 (1993)

594 N.Y.S.2d 618

The People of the State of New York, Appellant, v. Ariel Pena, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 2, 1993

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...

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