Opinion
2006-2156 W CR.
Decided on December 21, 2007.
Appeal from a judgment of the Justice Court of the Village of Mount Kisco, Westchester County (John J. Donohue, J.), rendered October 20, 2006. The judgment convicted defendant, upon his plea of guilty, of failing to obey a traffic signal.
Appeal dismissed.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
The appeal was untimely taken. At defendant's request, sentence was imposed upon defendant by letter dated October 20, 2006. We note that the sentence was satisfied by payment enclosed in a letter dated October 26, 2006. The notice of appeal was not filed until December 5, 2006, more than 30 days subsequent to the imposition of the sentence ( see CPL 460.10 [a]; People v Coaye, 68 NY2d 857). While the record also contains a Certificate of Disposition stating that the "Disposition Date" was November 6, 2006, it is patent that the sentence was not only imposed prior thereto but satisfied as well.
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.