Opinion
KA 01-02508.
Decided April 30, 2004.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered November 7, 2001. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JESSAMINE I. JACKSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted rape in the first degree (Penal Law §§ 110.00, 130.35). After the notice of appeal was filed, however, County Court vacated that judgment, and defendant thereafter pleaded guilty to sexual abuse in the first degree (§ 130.65 [1]) in satisfaction of the indictment. Defendant failed to appeal from that judgment of conviction ( see CPL 460.10 [a]). Because the judgment from which the appeal was taken was vacated, we dismiss the appeal therefrom.