Legal Opinion

People v. Coble

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

Decided December 21, 1990No. Appeal No. 2PublishedCited by 3 opinions

1Opinion of the Court

— Appeal unanimously dismissed. Memorandum: Defendant purports to ap*983peal from a judgment convicting him, upon his guilty plea, of first degree attempted robbery. Because defendant failed to file a notice of appeal from that judgment, this court lacks jurisdiction to consider it (see, CPL 460.10 [1]; People v Weston, 50 AD2d 940; People v Creazzo, 39 AD2d 748). Contrary to defendant’s contention, CPL 460.10 (6) does not excuse the total failure to file and serve a notice of appeal (see, People v Duggan, 69 NY2d 931, 932-933). (Appeal from judgment of Supreme Court, Erie County, Marshall,…

2Cases cited3 opinions

  1. People v. DugganNew York Court of Appeals · 1987
  2. People v. CreazzoAppellate Division of the Supreme Court of the State of New York · 1972
  3. People v. WestonAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by3 opinions

  1. People v. Christopher R.Appellate Division of the Supreme Court of the State of New York · 1995
  2. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. PendergrassAppellate Division of the Supreme Court of the State of New York · 1995

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