| People v Dabo |
| 2011 NY Slip Op 01712 [82 AD3d 485] |
| March 8, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Salimou Dabo, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), forrespondent.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered July 15, 2009,convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument in thesecond degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years,and judgment of resentence, same court, Justice and date, convicting defendant, upon his plea ofguilty, of violation of probation, revoking his prior sentence of probation and resentencing him toa concurrent term of five years, unanimously affirmed. Purported appeal from judgment, samecourt (Charles H. Solomon, J.), rendered September 18, 2007, convicting defendant, upon hisplea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to aterm of five years' probation, unanimously dismissed as untimely.
Defendant claims that his 2007 weapon possession conviction was invalid. However,defendant did not file a notice of appeal from that conviction, or a request for an extension oftime to take an appeal (see CPL 460.30). To the extent any notice of appeal filed in 2009purports to appeal from the 2007 conviction, that notice is untimely. Therefore, this Court has nojurisdiction to review the 2007 conviction. Defendant's appeal from the 2009 resentencefollowing the revocation of probation does not bring up for review the underlying judgment ofconviction (see CPL 450.30 [3]; People v Ramirez, 5 AD3d 102, 103 [2004], lv denied 2NY3d 805 [2004]).
The record demonstrates that defendant's 2009 guilty pleas were knowing, intelligent and[*2]voluntary (see generally People v Fiumefreddo, 82NY2d 536, 543 [1993]). Defendant's claim that the pleas resulted from coercion are contradictedby the allocution record and without merit. Concur—Andrias, J.P., Catterson, Moskowitz,Abdus-Salaam and RomÁn, JJ.