Opinion
February 14, 1949.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 697.]
Apart from considerations affecting the merits, the appeal by defendants from a judgment of conviction for violating subdivision d of section U41-4.0 of the Administrative Code of the City of New York is dismissed on the ground that the notice of appeal was not filed and served within the period specified in section 42 of the New York City Criminal Courts Act. The courts have no power to extend the time to appeal from a judgment of conviction ( People ex rel. Hirschberg v. Orange Co. Ct., 271 N.Y. 151, 156). What the courts have not the power to do, the attorney for the People may not do by way of stipulation or waiver (see Matter of Seymour, 144 App. Div. 151). Appeal unanimously dismissed.