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People v. Vosburgh

Supreme Court of New York, Third Department

July 11, 2013

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
GLENN VOSBURGH, Appellant.

Calendar Date: May 28, 2013

Andrew H. Wood, Albany, for appellant.

P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.

Before: Rose, J.P., Stein, Spain and Garry, JJ.

MEMORANDUM AND ORDER

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 A.D.3d 1331, 1332 [2010]; People v Lerario, 50 A.D.3d 1396 [2008], lv denied 10 N.Y.3d 961 [2008]; People v Bell, 299 A.D.2d 582, 583 n [2002], lv denied 99 N.Y.2d 55 [2002]; People v McNeil, 268 A.D.2d 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.


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