Opinion
May 3, 1965
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. Kling, 19 A.D.2d 750, affd. 14 N.Y.2d 571; People v. Marchese, 19 A.D.2d 728, affd. 14 N.Y.2d 695). Beldock, P.J., Ughetta, Christ, Hill and Rabin, JJ., concur.