People v. Kemp

Motion to prosecute appeal as a poor person denied. Memorandum: From defendant’s own papers it appears that the notice of appeal was not timely served or filed and that there is no appeal pending before this court. If defendant desires to raise the question that he was prevented from filing a timely notice of appeal through the dereliction or fault of the prison authorities, his remedy should be through coram nobis. (People v. Hairston, 10 N Y 2d 92.)