People v. Bump

The defendant was convicted in the City Court of Binghamton after a jury trial of violating the Vehicle and Traffic Law (former § 1192, subd. 2) for driving while intoxicated. A notice of appeal was timely filed. Shortly thereafter defendant obtained an order for a certificate of reasonable doubt from this court which stayed the proceeding pending an appeal. No affidavit of errors was ever filed.

Before any determination can be made on the merits, this court must first answer the People’s challenge to its jurisdiction to hear the appeal on the ground that no affidavit of errors has been filed…