People v. Wanass

OPINION OF THE COURT

Judgment of conviction, rendered February 8, 2012, affirmed.

Prior to addressing the merits of defendant’s appeal from a judgment of conviction rendered in a court of record, following a trial that was electronically, not stenographically, recorded, we consider the People’s argument that the appeal must be dismissed because defendant failed to file an affidavit of errors pursuant to CPL 460.10 (3).

CPL 460.10, which applies to criminal appeals to a county court or to an appellate term, specifies in subdivision (3) that where the underlying proceedings “were not recorded by a…