The motion is dismissed. There is no appeal pending. It appears that a timely notice of appeal has neither been filed nor served. The court cannot extend the time to appeal even if, as claimed by defendant in this case, the failure to take a timely appeal is due to the negligence of the attorney retained by the defendant for the purpose of the appeal (cf. People v. Kling,
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PEOPLE v. AUGUSTA
22 A.D.2d 925 (1964)
The People of the State of New York, Plaintiff, v. Charles C. Augusta, Defendant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
December 21, 1964
December 21, 1964
Appellate Division of the Supreme Court of the State of New York, Second Department.
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