Opinion
January 7, 1992
Appeal from the Supreme Court, Bronx County, Howard Goldfluss, J., John Byrne, J.
The order of this court dated October 29, 1991, denying the People's motion to dismiss the appeal is vacated.
Defendant, who absconded, was sentenced, in absentia, to an enhanced promised sentence of 5 to 15 years. Sentence was executed on May 3, 1989, the defendant having been returned on a bench warrant.
Defendant sought to file a late notice of appeal May 19, 1989 from the December 13, 1985 judgment. Pursuant to CPL 460.30, the time within which to move for the filing of such a notice of appeal expired. The statutory time for taking an appeal expires 30 days from the date the sentence is imposed, not upon execution thereof. (People v. Stevenson, 176 A.D.2d 516.) Accordingly the time period to file a late notice of appeal expired in January of 1987. Therefore, we find this court does not have jurisdiction to hear the appeal and accordingly the appeal is dismissed.
Concur — Ellerin, J.P., Kupferman, Ross and Smith, JJ.