Majority
p. 859The People of the State of New York, Plaintiff, v. Luis James, Defendant.
Motion by defendant to dispense with printing and for assignment of counsel denied. A timely notice of appeal was not served or filed. Where the appellant or his attorney has failed or neglected to file or serve a timely notice of appeal, the court cannot enlarge appellant’s time to appeal (cf. People v. Sling, 19 A D 2d 750 , affd. 14 N Y 2d 571 ; People v. Márchese, 19 A D 2d 728 , affd. 14 N Y 2d 695 ). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.
Cases cited
- People v. Kling 19 A D 2d 750 p. 859
- People v. Kling 14 N Y 2d 571 p. 859
- People v. Marchese 14 N Y 2d 695 p. 859