Majority
p. 637The People of the State of New York, Respondent, v. Fred Lyons Letts, Appellant.
Motion held. The papers indicate that the appeal was not
timely taken but the matter has not been clearly presented as there has been no motion by the District Attorney to dismiss the appeal. The motion before us is held until June 8,1960, to give the District Attorney an opportunity to move to dismiss the appeal or to take such other action as he may be advised. (See People v. Stottlemeyer, 9 A D 2d 1022 .)