Swain v. State

—Appeal from a judgment of the Court of Claims (Collins, J.), entered July 25, 2001, which dismissed the claim after trial.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: In November 1993 claimant was convicted after a jury trial of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). Appellate counsel was assigned by the Appellate Division, Third Department, pursuant to County Law § 722. Counsel, however, did not perfect the appeal prior to claimant’s release on parole in…