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People v. Pearlman

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1949
275 App. Div. 657 (N.Y. App. Div. 1949)

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.


Summaries of

People v. Pearlman

Appellate Division of the Supreme Court of New York, First Department
Feb 14, 1949
275 App. Div. 657 (N.Y. App. Div. 1949)
Case details for

People v. Pearlman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD PEARLMAN and…

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

Date published: Feb 14, 1949

Citations

275 App. Div. 657 (N.Y. App. Div. 1949)