| People v Fallon (James) |
| 2007 NY Slip Op 52437(U) [18 Misc 3d 128(A)] |
| Decided on December 21, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
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.
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
[3] [a]; People v Coaye, 68 NY2d 857 [1986]). 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.
Decision Date: December 21, 2007