¶1— Appeal unanimously dismissed. Memorandum: Defendant purports to ap*983peal 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 [1]; People v Weston, 50 AD2d 940; People v Creazzo, 39 AD2d 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 NY2d 931, 932-933). (Appeal from judgment of Supreme Court, Erie County, Marshall, J.—attempted robbery, first degree.) Present—Callahan, J. P., Doerr, Denman, Balio and Lawton, JJ.
168 A.D.2d 982
People v. Coble
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 1990
Appellate Division of the Supreme Court of the State of New York · decided 1990-12-21
Decided 1990-12-21