Appellate Division of the Supreme Court of the State of New York January 5, 1970 (People v. Howe)

Cooke, J.

Appeal from an order of the County Court of Albany County, entered October 1, 1968, which granted defendant’s application for leave to file a late notice of appeal from a judgment of conviction of July 26, 1954. This appeal is from that portion of the order which precludes appellant from raising the issue of “ defendant’s mental status at the time of conviction.