Opinion
Submitted October 4, 1943
Decided October 14, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, WIEBOLDT, P.J.; McDONALD and OLIVER, JJ.
Bert Kahn, in person, for motion.
No one opposed.
Motion for leave to appeal dismissed. Such a motion cannot be considered by the Court of Appeals under section 520, subdivision 3, of the Code of Criminal Procedure. It cannot be granted by a judge of the Court of Appeals because leave has already been denied by another judge, and because the present application is not made within the time limited by the statute.
See Code Crim. Pro., § 521; People v. Geffin, 245 N.Y. 75. — [REP.