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PEOPLE v. BRINKHUIS

44 A.D.3d 677 (2007)

841 N.Y.S.2d 897

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY BRINKHUIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 2, 2007.

Ordered that the order is affirmed.

There is no merit to the defendant's claim that he is entitled to summary reversal of the judgment rendered May 3, 2000, on the ground that the minutes of his plea and sentence have been lost. The defendant failed to file a notice of appeal from the judgment rendered May 3, 2000, and a motion to vacate the judgment pursuant to CPL 440.10 cannot be used as a substitute for a direct appeal (see CPL 440.10 [2] [c]; People...

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