Opinion
January, 1920.
On reargument, a reconsideration of this appeal again leads to the conclusion that it must be dismissed, without costs, on the ground that the appeal was not taken in due time, nor in the manner prescribed by section 770 of the Code of Criminal Procedure, by obtaining permission of a justice of the Supreme Court, within the time prescribed in section 770-a. Jenks, P.J., Rich, Blackmar and Kelly, JJ., concur. [See 188 App. Div. 995; 189 id. 905.]