Opinion
March, 1930.
Present — Lazansky, P.J., Young, Kapper, Carswell and Tompkins, JJ.
See ante, pp. 654, 715. Decision herein was modified on May 9, 1930. (See 229 App. Div. ___; N.Y.L.J. May 10, 1930. See, also, People v. Pennestri, 253 N.Y. 318.) — [REP.
Motion for reargument of motion denied. Motion for enlargement of time denied. Motion to resettle order granted and order resettled so as to provide that the determination was made for want of power under the statute to extend time after expiration of the statutory period, and not as a matter of discretion. The presiding justice will certify that the order dismissing the appeal involves a question of law which should be reviewed by the Court of Appeals. Submit order in this connection.
See Code Crim. Proc. § 535, as amd. by Laws of 1926, chap. 464. — [REP.