Majority
p. 846The People of the State of New York, Plaintiff, v. Joseph Marano, Defendant.
The defendant in a criminal prosecution served his notice of appeal upon the county clerk within the required time, but failed through inadvertence to make service upon the district attorney. The defendant moves for an order requiring the district attorney to accept service of the notice of appeal. Motion denied. (See People v. Green, 137 App. Div. 763 .) Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.