People v. James

23 A.D.2d 859, 259 N.Y.S.2d 177, 1965 N.Y. App. Div. LEXIS 4336

Opinion

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.