People v. Whittman

Appellant appealed from a judgment of conviction in the City Court of Utica (Lutz, J.) by a notice of appeal.

The People move to dismiss the appeal on the ground that an appeal may only be taken by an affidavit of errors.

Section 749 of the Code of Criminal Procedure provides that outside the City of New York, a judgment upon conviction, rendered by a Court of Special Sessions, Police Court, Police Magistrate, or Justice of the Peace, in any criminal action or proceeding may be reviewed by the County Court upon an appeal as prescribed by that title.

The method prescribed for the appeal is…