
    The People of the State of New York, Appellant, v. Javier Mercado, Respondent.
    Submitted October 21, 1974;
    decided November 27, 1974.
    
      
      Harvey L. Greenberg for motion.
    
      Richard H. Kwh, District Attorney (Karl Savryn of counsel), opposed.
   Motion granted and appeal dismissed for untimeliness, without prejudice to appellant’s right, if so advised, to apply to this court for an extension of the time period set out in CPL 460.10 (subd. 5, par. [b]). (See People v. Sher, 35 N Y 2d 310.)  