People v. James

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. Sling, 19 A D 2d 750, affd. 14 N Y 2d 571; People v. Márchese, 19 A D 2d 728, affd. 14 N Y 2d 695). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.