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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUANE COBLE, Appellant. (Appeal No. 2.)

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).

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PEOPLE v. COBLE
(Dec 21, 1990)