
    The People of the State of New York, Respondent-Appellant, v. Ralph Saft, Appellant-Respondent.
    Submitted November 23, 1970;
    decided December 9, 1970.
   Motion to compel defendant to accept the People’s notice of appeal herein denied as academic and, on the court’s own motion, the purported appeal of the People dismissed upon the ground that the application for a certificate was not timely made (Code Crim. Pro., § 521). On the court’s own motion, the appeal of defendant is set down for argument during the week of February 16, 1971, his brief to be served and filed on or before January 15, 1971.  