People v. Smith

Full title: PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF, v. KENNETH SMITH, DEFENDANT

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 1999

265 A.D.2d 941 (N.Y. App. Div. 1999)

696 N.Y.S.2d 720

Opinion

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). Defendant's failing health does not excuse the failure to move within the statutory time period.

PRESENT: PINE, J. P., HAYES, WISNER, HURLBUTT AND BALIO, JJ.