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  5. 44 N.Y.2d 759 (1978)
 

PEOPLE v. THOMAS

44 N.Y.2d 759 (1978)

The People of the State of New York, Respondent, v. James Thomas, Appellant.

Court of Appeals of the State of New York.

Decided April 25, 1978.

Attorney(s) appearing for the Case

Arthur J. Giacalone and Pierce Gerety, Jr., for appellant.

Curtis L. Lyman, District Attorney, for respondent.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Frederick R. Walsh of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

An appeal from an order of an intermediate appellate court granting or denying an application for an extension of time in which to take an appeal may be entertained by this court only if the "order states that the determination was made upon the law alone" (CPL 460.30, subd 6).* The order here does not contain such a recital. Therefore, since the possibility that the Appellate Division...

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