People v. Vosburgh

108 A.D.3d 858, 968 N.Y.S.2d 405

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 11, 2013
• Status: Published

Opinion

Rose, J.P.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered October 14, 2009, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.

In satisfaction of a four-count indictment, defendant pleaded guilty to the reduced charge of manslaughter in the first degree, waived his right to appeal and was sentenced in accordance with the plea agreement to a prison term of 19 years, followed by five years of postrelease supervision. This appeal ensued.

Defendant filed a notice of appeal that did not identify the judgment being appealed or the county in which it was rendered. While we have the discretion to treat a notice of appeal as valid despite an “inaccurate description of the judgment, sentence or order being or sought to be appealed” (CPL 460.10 [6]), the complete omission of any information regarding the judgment being appealed from cannot be characterized as an “inaccurate description” (see e.g. People v Therrien, 78 AD3d 1331, 1332 [2010]; People v Lerario, 50 AD3d 1396 [2008], lv denied 10 NY3d 961 [2008]; People v Bell, 299 AD2d 582, 583 n [2002], lv denied 99 NY2d 55 [2002]; People v McNeil, 268 AD2d 611, 612 n [2000]). Accordingly, we find that the notice of appeal is invalid, thereby depriving this Court of jurisdiction.

Stein, Spain and Garry, JJ., concur. Ordered that the appeal is dismissed, without costs.