People v. Smith 265 A.D.2d 941, 696 N.Y.S.2d 720

—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 dáte of sentencing, the motion is untimely (see, CPL 460.30 [1]). 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.