People v. Dimmie

John H. Galloway, Jr., J.

The People move to dismiss the appeal herein to this court upon the ground that defendant-appellant failed to file a timely affidavit of errors thereon. Defendant was convicted on January 4, 1963, in the Court of Special Sessions of the City of White Plains before Babnes, J., without a jury, of a violation of section 1140 of the Penal Law (indecent exposure). On February 5, 1963, or 32 days after said conviction defendant filed with the Clerk of the Court of Special Sessions a notice of appeal and a purported affidavit of errors. (The People contend that the affidavit…