Opinion
December 21, 1990
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Callahan, J.P., Doerr, Denman, Balio and Lawton, JJ.
Appeal unanimously dismissed. Memorandum: Defendant purports to appeal from a judgment convicting him, upon his guilty plea, of first degree attempted robbery. Because defendant failed to file a notice of appeal from that judgment, this court lacks jurisdiction to consider it (see, CPL 460.10; People v. Weston, 50 A.D.2d 940; People v. Creazzo, 39 A.D.2d 748). Contrary to defendant's contention, CPL 460.10 (6) does not excuse the total failure to file and serve a notice of appeal (see, People v. Duggan, 69 N.Y.2d 931, 932-933).