PEOPLE v. SMITH


265 A.D.2d 941 (1999)

696 N.Y.S.2d 720

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KENNETH SMITH, Defendant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided October 1, 1999.


Motion to extend time to take appeal dismissed as untimely.

Memorandum:

Because the motion for an extension of time to take an appeal was made more than one year and 30 days from the date of sentencing, the motion is untimely (see, CPL 460.30 [1]). Defendant's failing health does not excuse the failure to move within the statutory...

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