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Appellate Division of the Supreme Court of New York, 1964

People v. Winston

People v. Winston
Appellate Division of the Supreme Court of New York · Decided March 30, 1964
21 A.D.2d 983; 248 N.Y.S.2d 675; 1964 N.Y. App. Div. LEXIS 4129
People v. Winston

Opinion of the Court

Motion by the District Attorney of Nassau County to dismiss defendant’s appeal from a judgment of conviction. Motion denied, with leave to renew upon proof of service of the motion papers upon the defendant personally, as well as upon his attorney of record. The new section *984537-a of the Code of Criminal Procedure requires that on a motion to dismiss an appeal the motion papers shall be served upon the defendant personally. Beldock, P. J., TJghetta, Kleinfeld, Hill and Rabin, JJ., concur.

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