People v. Pena

—Appeal by the People from an order of the Supreme Court, New York County (Daniel FitzGerald, J.), which granted defendant’s motion to dismiss the indictment charging him with criminal possession of a weapon in the third degree, unanimously dismissed, with leave to reinstate within one year of entry of this order upon submission of proof of service of the People’s brief upon the defendant.

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…